Rules for the Family Courts - too complicated.

A recent decision of the Full Court of the Family Court (Thompson & Berg [2014] FamCAFC 73 (2 May 2014), (the link to the case is here ) demonstrates the complexities of the two courts exercising federal jurisdiction under the Family Law Act.  The husband sought an injunction against the wife proceeding with her application on the grounds that the rules of the Family Court should be adhered to in the absence of their being the same rule in the Federal Circuit Court Rules.

The Family Court Rules provide for certain pre-action procedures where the expectation is that parties will try to resolve issues through dispute resolution (negotiation, mediation etc) prior to commencing proceedings. The Federal Circuit Court Rules do not require those strict pre-action procedures.  The outcome is that property settlement proceedings are commenced in the Federal Circuit Court without the requirement of the parties or their lawyers to attempt to resolve matters without the courts intervention.  Compulsory mediation is a requirement under the Family Law Act in relation to parenting issues so it applies to both Courts.

The answer to the question would be to have one set of rules governing both courts administration of the Family Law Act.  That would simply procedures for both the public and the legal profession.  Secondly, the Federal Government (now and previously) have a general policy to promote the resolution of disputes without resort to the courts as it provides self determination and a cost saving to the public purse.  There is need for review and change.

Contact us on 07 38043244 for help with Family Law matters and Mediation.