Case Management

With consideration of the Joint Practice Direction 1 of 2020 - Core Principles in the Case Management of Family Law Matters, FLAST can assist with Case Management of your matter.

Statement of Core Principles
(As published by the Family Court)

Risk

• The prioritisation of the safety of children, vulnerable parties and litigants, as well as the early and ongoing identification and appropriate handling of issues of risk, including allegations of family violence, are essential elements of all case management.
  • FLAST helps our members understand how the Court understands the prioritisation of child safety matters and provides support services from dedicated Family Violence counselors

Parties,’ lawyers’ and the Courts’ obligations and overarching purpose

• The overarching purpose to be achieved is to ensure the just, safe, efficient and timely resolution of matters at a cost to the parties that is reasonable and proportionate in all the circumstances of the case, having regard to the significant impact of family law disputes on children and families. 
  • FLAST provides support services that include Alternative Dispute Resolution processes in case management that help achieve the overarching purpose.

Efficient and effective use of resources

• The Courts’ judicial, registrar and family consultant resources are to be allocated and used efficiently to achieve the overarching purpose in the context of ensuring the appropriate handling of risks wherever they are identified as issues in proceedings.
  • FLAST provides support services that include Alternative Dispute Resolution processes in case management that help achieve the overarching purpose.

Approach to case management

• Effective case management of all cases relies on:
  1. a consistent approach to the case management of like-cases;
  2. early triaging of matters to an appropriate case pathway, including assessment of risk;
  3. the use of both internal and external Alternative Dispute Resolution (ADR), including private mediation, family dispute resolution, conciliation conferences and arbitration in property disputes for as many appropriate cases as possible.
     • FLAST assists with effective case management inline with the Joint Practice Direction 1 of 2020.

Importance of ADR

• 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:
  • be proactive in identifying the appropriate time, and the appropriate way, in which they can participate in ADR, either by agreement or by court order; and
  • Be prepared to consider reasonable offers of settlement at any stage of the proceedings. Failure to do so may have cost consequences.
    • FLAST specialises in ADR and case management services include a nationally qualified mediator registered with the Mediator Standards board of Australia, practicing lawyers (including West Australian specialists) and Family Counseling services conducted with experts in Domestic Violence. 

Costs consequences for failure to comply with orders

• Non-compliance with orders of the Court and the Rules of Court may attract costs consequences, including, if relevant, the possibility of costs being awarded personally against lawyers in accordance with the Family Law Act 1975 (Cth) and the Rules of Court.
  • FLAST case management services involve provision of relevant information to help you understand your obligations and consequences of failing to comply with orders.

Lawyers’ obligations about costs

• Parties and their lawyers are expected to take a sensible and pragmatic approach to litigation, and to incur costs only as are fair, reasonable and proportionate to the issues that are genuinely in dispute. Parties and their lawyers are expected to engage in cost budgeting, and regularly inform their clients and the Court of the actual costs they have incurred and are likely to incur (see Part 19.2 of the Family Law Rules 2004).
  • FLAST case management services help you minimise costs through our ADR processes leaving litigation as a last resort after exhausting all other avenues and narrowing the scope of what remains in dispute.

Identifying and narrowing issues in dispute

• Issues in the case are to be narrowed to those issues genuinely in dispute. In particular:
  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; and
  5. costs consequences may flow if parties seek to reopen issues already resolved or unreasonably agitate issues.
     • FLAST specialises in this field using ADR processes to help resolve disputes and where total resolution is not possible we use our best endeavors to ensure parties participate in good faith and narrow the scope of the dispute to be litigated if it comes to that.

Preparation for hearings

• Parties and their lawyers are to be familiar with the specific issues in the case and prepared for court events and the final hearing in a timely manner. Parties must provide the Court with a considered and informed estimate of the expected hearing time, the number of witnesses, and the specific issues to be decided.
  • FLAST case management services helps you prepare for hearings if necessary, the service is overseen by qualified current practicing Australian Lawyers.

Efficient and timely disposition of Cases

• The Courts will act effectively and efficiently in achieving the prompt and fair disposition of pending matters, with judgments being delivered as soon as reasonably practicable after the receipt of the final submissions. Where permitted by legislation, short form reasons may be utilised in appropriate cases to facilitate the expeditious delivery of judgments.
  
  • FLAST case management services help members understand Court judgments, our daily case digests give members the opportunity to read the case briefs and summary of the latest cases coming out of the Family Law Courts to help you understand how the Court views and disposes of matters that come before it, this helps members have realistic expectations of how the Court will view matters.
    NOTE : This product is only available on application of a Premium Member.