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Authors: Tim Black, Alan Goodwin, Nicola Grimes, Emma Parsons
Published: 19 March 2014
Pages: 274  

Introduction

The reforms due to take effect from 31 March 2014 are the most far reaching legislative changes the Family Court has seen since its inception a generation ago in 1980. The changes are underpinned by a philosophical belief that the court is a last resort (other than in cases of urgency) and that parties are otherwise better off resolving their disputes outside the Family Court processes.

The changes cover legal and logistical change which result in a range of practical implications for lawyers.

It is not the purpose of this seminar to debate the reforms. That debate has already occurred and many if not most of us have had the opportunity of voicing our concerns in that regard prior to the legislative reforms being enacted.

This seminar will cover in broad terms the legislative changes, out of court /pre court processes, the mechanisms for getting into court, new Court tracks, transitional provisions and the ramifications of all these changes for lawyers.

We acknowledge that people are at various stages of understanding these changes, some just finding out that new law exists and is about to take effect, others who have been very involved with some of the process of reforms and variations in between that. This seminar is designed to be an introduction to the reforms step by step, with room for questions at the end of the presentation. We don’t pretend to have all the answers at this early stage of the implementation of the reforms - some of the logistical ramifications of the new law will take time to play out, may see regional variations, and may well see issues of concern arise. Be that as it may parliament has passed new law, and it is for us as lawyers to learn, understand and utilise the law.

Content outline

• Out of Court processes
• Funding options and lawyers duties
• The Court entry process
• Court processes
• Professionals and costs
• Transitional provisions, other legislative changes and implications of the reforms

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