Inside the Evatt List: A Closer Look at Family Law Cases

What is the Evatt List

Brisbane registries of the Federal Circuit and Family Court of Australia have a specialist list for “parenting only” cases, called the “Lighthouse Project” whereby matters classified as “high risk” are referred to the Evatt List. 

The Evatt List is a specialist Court list for eligible cases that are classified as ‘high risk’ are managed using intensive case management processes and resources.

This purpose of this specialist list is to ensure that vulnerable families are provided with the appropriate resources, support and timely court events to minimise the risk of any further trauma and harm.

Eligibility for the Evatt List

To be added to the Evatt list, one of the parties to a proceeding must complete the online Family DOORS Triage risk screening questionnaire.

The matter will also be reviewed by a Triage Counsellor. The matter will then be assessed appropriately to determine whether it should be referred to the Evatt List.

Confidentiality 

All information obtained during the risk screening is confidential and cannot be disclosed or used as evidence in a proceeding. A party is not required to disclosed, and cannot be asked, whether or not they undertook the risk screening. Some exceptions to the rules surrounding disclosure include:

1. If it is necessary to protect a child from the risk of harm (physical or psychological).
2. Preventing or lessening a serious and imminent threat to the life or health of a person.
3. Reporting the commission, or preventing the likely commission, of an offence involving violence or a threat of violence to a person.
4. Preventing or lessening serious an imminent threat to the property of a person.
5. Reporting the commission, or preventing the likely commission, of an offence involving intentional damage to property, or a threat of damage to property, of a person.
6. If a lawyer independently represents a child’s interests under an order under section 68L of the Family Law Act (Cth) and it will allow the assisting lawyer to do so propertly. 

Pathway for Evatt List 

The Evatt Judicial Registrar will conduct regular chambers events to ensure that the parties are complying with orders and directions as required. They will also liaise with Court Children’s Services as and when required. The Court events that take place in the Evatt List are as follows:

• Step 1 – Evatt Determination Event: this Court event will typically occur within 5-10 working days of review by a Triage Counsellor.
• Step 2 – Evatt First Return Event: this Court event will typically occur within 6-8 weeks after the Evatt Determination Event.
• Step 3 – Interim Hearing: this Court event will typically occur within 10-12 weeks after the Evatt Determination Event.
• Step 4 – Evatt Mention: this Court event will typically occur within 8 months after the Evatt Determination Event.
• Step 5 – CRH and Trial Date Allocation: this Court event will typically occur within 9-12 months after the Evatt Determination Event.

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You may also like to know more information about the

• The Evatt List – Federal Circuit and Family Court of Australia.
• Federal Circuit and Family Court Merger.
• What’s The Lighthouse Project effect?