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Family Court

Are You Representing Yourself in the Family Court or Federal Circuit Court?

Family Law, Financial Matters, Parenting Arrangements 2

With the current strain on the economy, the high cost of legal representation coupled with the lengthy delays in the Family Court and Federal Circuit Court, more and more people are representing themselves in court to resolve their property settlement and parenting arrangement.

To assist unrepresented parties or self-represented litigants in the Family Court and Federal Circuit Court, there are a range of volunteer, government and community based organisations that can assist parties with the legal process and provide legal advice.  Unfortunately, these organisations don’t have the resources to draft legal documents.

Correctly drafted legal documents, such as the orders you are seeking from the Court or Affidavit can be instrumental to the quick and desirable resolution of your matter. Too often, people without experience in legal drafting will include unnecessary or inappropriate information in their legal documents, instead of focusing on facts relevant to their matter.  Well written and accurate documents supporting your matter will give the Court the best possible view of your position.  Incorrectly drafted legal documents may place the parties at risk of a miscarriage of justice and effect the Judge’s ability to make a decision that provides a ‘just and equitable‘ property settlement and parenting orders that are in the ‘best interests‘ of the child.

Our Legal Drafter can assist you with the drafting of your legal documents.  Please contact us for a Fixed Fee.

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Family Court Property Settlement

Family law property settlement issues in dispute?

Family Law, Financial Matters, Parenting Arrangements

 

*Here is how to identify and narrow issues in dispute…
  1. All parties are required to make frank disclosure to assist the Court in the determination of the dispute or the parties in the resolution of the dispute.
  2. Applications should only be brought before the Court if they are reasonably justified on the material available.
  3. It is expected that parties will negotiate both prior to, and at court, in order to narrow the issues in dispute before having the matter heard.
  4. When appropriate, a single expert or an assessor should be engaged to assist the parties and the Court to resolve disputes.
  5. Costs consequences may flow if parties seek to reopen issues already resolved or unreasonably agitate issues.
*The importance of Family Law Alternate Dispute Resolution…

The Courts encourage the use of appropriate dispute resolution procedures. Before commencing an action, parties are expected to make a genuine attempt to resolve their dispute, complying with the requirements and obligations of section 60I of the Family Law Act (Cth), the pre-action procedures in Schedule 1 to the Family Law Rules 2004 and rule 1.03 of the Federal Circuit Court Rules 2001 as applicable. Subject to an exception applying, the Court must not hear an application for parenting orders unless a section 60I certificate has been filed. After commencing an action, parties are expected to:

    1. be proactive in identifying the appropriate time, and the appropriate way, in which they can participate in Alternate Dispute Resolution (ADR), either by agreement or by court order; and
    2. Be prepared to consider reasonable offers of settlement at any stage of the proceedings. Failure to do so may have cost consequences.

*THE HONOURABLE JUSTICE WILLIAM ALSTERGREN CHIEF JUSTICE FAMILY COURT OF AUSTRALIA & CHIEF JUDGE FEDERAL CIRCUIT COURT OF AUSTRALIA

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