- Family Law
- Lawyers & Staff
- Cases & Articles
NOTICE ALERT IN LIGHT OF COVID-19
WHAT WE PROPOSE AND HOW WE CAN ASSIST
At Watson & Watson our clients come first. Please be assured of our continued dedicated services to all current and new clients.
As we have done in the past, we will continue to offer alternative conferencing methods ie video conferencing, skype or telephone conferences. Reviewing of all documentation provided to us prior to any initial conference will be all inclusive of our set fee. Do not hesitate to contact Shereen Da Gloria on (02) 9221 6011 should you have any concerns.
Watson & Watson Lawyers have discussed in other articles on this website the significant delays that occur in the Family Court of Australia and Federal Circuit Court of Australia. The time from the commencement of a case to the date when the case is heard by a Judge of Court can be 2 to 3 years. This has caused parties to look to other alternative methods of dispute resolution such as Mediation and Arbitration which we have discussed on the Watson & Watson website.
The Courts are now trying to deal with delay by introducing new rules which will address the practises and procedures that have contributed to the delays.
Family Law Case Management – Central Practice Direction
The Family Court of Australia and the Federal Circuit Court of Australia have introduced the Central Practice Direction (CPD) to attempt to deal with the delay and inefficiencies within the system and to speed up the final determination of cases.
The Central Practice Direction will have a significant effect on the parties to family law proceedings and to their Lawyers as how the case must be conducted. There is an emphasis on efficiency, competency, costs and merit.
It is essential that parties and their lawyers conduct their cases in accordance with the CPD. Failure to comply will have adverse cost consequences for those parties and their Lawyers. Also a failure to prosecute the case in a timely manner can result in a dismissal of the case. Also commencing or maintaining a case that has no merit, can result in a dismissal and an adverse costs order against a party and or their lawyer.
This article discusses some of the most important changes which can be seen as a warning to parties to comply with the CPD.
The CPD introduces:
Stricter Obligations and Increased Potential for Penalty of a defaulting party
Overview of Potential Consequences for Parties and Lawyers
The introduction of the Central Practice Direction is an attempt by the Family Court and Federal Circuit Court to streamline a system which has been unable to deliver timely outcomes for litigants in family law cases. The Courts are attempting to fix this problem by a combination of streamlined procedures and to ensure that parties comply with those procedures in accordance with strict timelines.
The Central principle is that a conscientious party who does everything on time and complies with orders, should not be disadvantages in their case by reason of the opposing party not acting properly, not obeying orders and not complying with timetables.
The CPD attempts to achieve this by a mix of penalties for the non-compliant party including costs orders and potential for dismissal of their case. Every party and their lawyers need to be aware of the requirements of the Central Practice Direction so as to ensure their case is properly conducted.
At Watson & Watson we can provide an initial assessment of your matter at an early stage which can assist in facilitating the parties entering into negotiations at an early stage, in an attempt to resolve the matter. In keeping with the Courts current Central Practice Directions (CPD), compliance with the new regime is an approach the Courts support. Our experienced Senior Family Law Solicitors can assist you in navigating your family law matter whether it relates to contact/parenting issues or financial/property settlement adopting the new CPD pathway to ensure that your matter is handled expeditiously and cost effectively and to reduce the duration of what can often be a stressful time. Please contact Richard Watson Senior Family Law Solicitor or his Personal Assistant Shereen Da Gloria to discuss your matter and seek appropriate advice.
This is only a preliminary view and is not to be taken as legal advice without first contacting Watson & Watson Solicitors on 9221 6011.
Personal Experienced Professional Affordable
Phone 02 9221 6011Send us your enquiry