9 Oct
2023
Resolving Family Dispute Resolution
The merger of the courts on 1 September 2021 brought with it a shift in how family law cases proceed, with a greater emphasis on dispute resolution both before and during a proceeding, and new rules to facilitate that shift. - See brochures: “Before you file – pre-action procedure for parenting cases” and “Before you file – pre-action procedure for financial cases”
- In both thee FCFCA and FCWA lawyers must assist their clients to comply with their duty at all times to act consistently with the main purpose of the rules of court, being the just and timely resolution of disputes at a reasonable cost to the parties: FLR 1.04
- FDR is compulsory, with some exceptions.
- Parents are required to make a genuine effort to resolve any child-related dispute before issuing proceedings by attending FDR with an FDR practitioner (s60I).
- Confidentiality – see sections 10H and 10J
- A certificate given by the FDR practitioner to your client is to be filed with your application (s60I(7)) failing which a parenting application may be dismissed (Ellwood & Ravenhill [2019] FamCACF 153 at [21]-[28]
The merger of the courts on 1 September 2021 brought with it a shift in how family law cases proceed, with a greater emphasis on dispute resolution both before and during a proceeding, and new rules to facilitate that shift. Child and property matters combined
It is best to go to the procedure for child matters first – for its requirement of early counselling and compulsory FDR – and then work your way through the procedure for property matters
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Helpful Family Law Documents & Guides
- A Guide to Children Negotiation and Family Law
- A Guide to Property & Family Law Act Paper
- A Guide to Alternative Dispute Resolutions
- A Guide to Preparing for the unthinkable
- A Guide to Collaborative Practice Paper
- A Guide to Separation in Family Law
- A Guide to Family Law Property
- A Guide to Dispute Resolution
- A-Z Collaborative Law eBook
- A Guide to Separation
- A Guide to Children
- Arbitration eBook
