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The New Family Justice System - 15 months on
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This book is only available in PDF format
Authors: Her Hon Judge Mary O'Dwyer, Emma Parsons
Published: 17 June 2015
Pages: 239
Introduction
The Family Justice System reforms took effect from 31 March 2014. As noted in the 2014 NZLS CLE March seminar, this represented the most far reaching legislative changes seen since the Family Court’s inception a generation ago in 1980.
The ideology which informed the reforms was the philosophical belief that lawyers and Court are a last resort for parties who are otherwise better off (other than in cases of urgency) sorting their disputes themselves, and with the assistance of a mediator where required.
Whereas the March 2014 seminar covered an introduction, in broad terms, to the legislative changes, out of court/pre court processes, mechanisms for getting into Court, new tracks and ramifications for lawyer, this seminar will review the effects of the changes so far on the practice of family law. It will look at the consequences of the changes - intended and unintended - and comment on where things are for practitioners 15 months on since the reforms came into effect. The seminar booklet from the March 2014 seminar remains a valuable resource for the introduction to the reforms and their impact and this booklet is best read in conjunction with that.
As with the previous seminar, we don’t pretend to have all the answers, and we acknowledge that there will be both regional and knowledge variations in relation to the impact of the changes. We are aware that in conjunction, with the reforms to the Family Justice System, there have been other changes including (but not limited to) legal aid changes to eligibility, requirements to repay with interest, fixed rates, centralisation of courts in certain regions, and a marked increase in e-Duty Without Notice applications that compound the effects of the reforms - it is beyond this seminar’s scope to also comment on all those changes individually. What we do hope to achieve is to further develop an understanding of the changes, its effects and its ramifications in a way that enables practitioners to have a better understanding of the law as it is and hopefully assist in the ongoing development of practising good quality law.
Content outline
- Impact of family justice reforms
- What is a family court justice system?
- Funding options and lawyers' duties
- Out of court processes
- Court entry process
- Court processes
- Professionals and costs
- Implications/ramifications of reforms
- Assessing child safety under COCA
- Domestic Violence Act changes - where are we now?
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