Critical Incident List
The Federal Circuit Court and Family Court of Australia implemented a new Court process referred to as the ‘Critical Incident List’ as of Monday 6 June 2022 which was rolled out in all states and territories excluding Western Australia.
The Critical Incident List aims to expedite the Court process for vulnerable families that need to make urgent arrangements for children where no parent is available due to circumstances such as death (including homicide or suicide), critical injury or incarceration (due to family violence).
The Critical Incident List will be managed nationally by Justice Jacoba Brasch and will ensure eligible families are prioritized within the Court system to receive urgent Court Orders regarding living arrangements and parental responsibility in circumstances where the family is experiencing some crisis. The Court will offer support and certainty to extended family members who find themselves in difficult situations where they are caring for another person’s child during an emergency situation.
To be eligible for inclusion in the Critical Incident List, the Applicant must establish:
Critical Incident List That they are not a parent to the subject child/children;
- That there is no parent available to care for the subject child/children due to death, critical injury or incarceration;
- That they require Orders for parental responsibility to make educational or medical decisions for the subject child/children; and
- That there are no existing final Orders in place in relation to a non-parent and the subject child/children.
If the Application is approved for inclusion in the Critical Incident List then the first Court date will be allocated within 7 business days of filing. Given the urgency, Applicants are able to bypass the ordinary pre-action procedures.
If the Application is denied inclusion in the Critical Incident List the matter will be referred to a Registrar for duty listing or a directions hearing or a Judge for hearing in the normal procedure.
If your family is experiencing a crisis and you wish to discuss whether your parenting matter may be eligible for inclusion on the Critical Incident Lists contact the Brisbane Family lawyers team at James Noble Law today for a free no-obligation 20-minute consultation today. To schedule an appointment with one of our Qualified and experienced Family lawyers Brisbane.
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