Fast-Tracking Family Law Matters

The overarching purpose of the practice and procedure provisions of the Family Law Act 1975 is to facilitate the just resolution of matters as quickly, inexpensively and efficiently as possible. The Court is able to do this through urgent applications and streamlined case management programs such as the Priority Property Pool and Critical Incident Lists.

Urgent Applications

If a matter requires immediate attention for matters dealing with child safety or urgent property issues, an “urgent” application can be filed with the Court accompanied by an affidavit which sets out the urgency. This application for urgency is usually made as part of an application seeking interim orders, which allows for the urgent issues to be addressed by the Court prior to a Final Hearing.

In marking the application urgent, and providing the background to the urgency, this prioritises the Court’s initial consideration of the matter with the Court’s first duty being to assess the urgency of the application and interim issues requiring determination. If the Court concludes that an application is urgent, it will be provided with the first available date for Interim Hearing sufficient to allow procedural fairness to the respondent(s).

Priority Property Pool

For select matters, the Court is able to streamline the process from first filing to final hearing through the Priority Property Pool (PPP) based on the information contained in the Initiating Application. To qualify for the PPP list, a matter must only be in relation to property/financial issues where the net value of the combined asset pool is less than $550,000 excluding superannuation.

Once your matter has been placed in the PPP list, the Court will make procedural orders for disclosure, valuations and dispute resolution. Following dispute resolution, if the matter has not settled by consent the Court will progress the matter to final hearing before a Judge. The Court’s aim is to find the simplest, quickest and most cost-efficient process to finalise the matter.

Critical Incident List

The Critical Incident List is available for parenting matters in circumstances where there is no parent available to care for the child/ren and orders are sought for parental responsibility.

To qualify for the Critical Incident List, the person applying for orders must be a non-parent carer seeking orders for parental responsibility and decision-making to allow for appropriate arrangements to be made. Additionally, there must be no parent available for care due to death, critical injury or incarceration relating to family violence.

Importantly, the application brought by the applicant does not need to be for the child/ren to live with the applicant. For example, an application may be brought for authorities to engage with schools and health care providers.

Evatt List

Arising from the Court’s Lighthouse Project, the Evatt List was established to specialise in early intervention and information-gathering for parenting matters with high risk family violence and associated issues.

In considering whether a matter is to be allocated to the Evatt List, the Court will consider high-risk features and allegations of serious abuse and/or family violence to child/ren (psychological, physical, emotional), exposure of children to family violence, drug and alcohol misuse posing a risk or harm to children, a party’s mental health issues which may pose a risk to themselves or the children, and threats of child abduction.

Once a matter has been allocated to the Evatt List, the Court will progress the matter to an Interim Hearing within 10-12 weeks to address urgent interim issues and to determine further information and evidence to be gathered. The Court will then aim to progress the matter to a final hearing within 12 months of being placed in the Evatt List.

Conclusion

The purpose of family law procedure and practice is to resolve matters in the quickest, inexpensive and efficient way possible. The Court has several opportunities to fast-track a matter depending on the specific circumstances, including the resolution of immediate issues prior to a final hearing.

Our experienced team at Dorter Family Lawyers & Mediators can provide guidance tailored to your specific circumstances and help navigate the Court process in the most efficient way possible.