The old debate over how to fix our Family Court system took a bizarre turn recently, leading to yet another review.
One Nation leader Pauline Hanson made contentious headlines after she accused some female litigants of fabricating or embellishing domestic violence claims to gain the upper hand in family law proceedings. For her trouble, she was rewarded with a leading role in yet another parliamentary inquiry into the Family Court regime.
It follows on from an exhaustive review from the Australian Law Reform Commission, which was released earlier this year. It contained 574 pages and 60 recommendations, the most significant of which pushes for States and Territories to oversee family law matters. It recommended a single court in each jurisdiction focused on the best interests of children that can also take into account that State or Territory’s specific laws around domestic violence and child protection.
As the reviews mount up and the inaction persists, wait times and workload in the Family Court continue to grow. A recent News Ltd article reported that some judges have dockets of more than 600 cases, and that some matters are taking more than three years to be heard. The Law Council of Australia has even described the system as “broken”.
There have been calls for additional funding to employ more judges and court social workers to help handle the extraordinary workload, and therefore reduce waiting times to a more reasonable level.
But as action awaits yet another review, it is little wonder lawyers are observing a trend toward arbitration to resolve family disputes. Arbitration involves couples having their financial matter settled privately, before a trained lawyer whose verdict is binding (subject to limited exceptions, including parenting disputes).
Arbitration hearings can be arranged within months, not years, and cost far less than Family Court appearances. According to one report, 400 cases have been settled by arbitration in the past 18 months.
Being party to a family law dispute can be an extremely stressful and vexatious experience. The growing realization that our Family Law Courts are ill-equipped to deal with these matters expediently can heighten anxieties even further.
Alternate options such as arbitration are available in certain cases. Our family law team is the biggest on the Central Coast and would be happy to guide you through what can often be a long, difficult and uncertain road.