Family Law Update – Court Delays and Costs

Posted: August 25, 2018 3:43 am Categories: Leave your thoughts

If you have been following the news you will know that the federal government is about to introduce legislation to close down the current family court and merge it with the Federal Circuit Court, where most family law disputes are managed by circuit court judges.

The aim of the reforms are to reduce delays in the court system and have disputes resolved quicker and less expensively.

The government is looking at introducing new laws that will permit the family court judges to more effectively supervise cases and penalise parties and lawyers who are found to be acting in a way that is unnecessarily contributing to delay and litigation costs.

The new “stick” allowing the case managing judge to hit lawyers with a personal cost order if they are found through the tactics they are employing to be causing the dispute to drag on longer than necessary and thereby escalating the legal costs.

The proposed new laws will place a duty on lawyers to help resolve disputes quickly, inexpensively and efficiently.

The aim of the new laws is to help ensure that legal fees do not become disproportionate to the issues in dispute.

Last year a senior family court judge attacked the “obscenely high legal costs” being charged by some law firms who employed a litgation approach that he labeled “win at all costs, concede little or nothing and chase every rabbit down every hole”.

The new legislation will empower the family court judges to challenge these practices if they choose to provide strong leadership to reduce delay and cost as is the case in the federal court and  state supreme courts.

This firm totally supports such new laws and has been pointing out these problems for a long time.

Whitelaw Legal Group only offers legal and dispute resolution services in the field of family law property settlement disputes, and along with CDMC National (www.cdmcnational.com.au) has been helping couples manager and resolve property disputes early, quickly, less expensively and without litigation stress for a long time.

Call 03 6431 7674 and we are happy to answer your questions and evaluate your situation with any fees or charges.

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