Government directions around social distancing and non-essential activities has meant Courts have amended their procedures to limit the need for face-to-face contact between parties, solicitors and court staff.
Matters already listed with the Court
Many non-contested proceedings, ‘mentions’ and child dispute conferences will now be conducted by phone conference. Solicitors or parties, if unrepresented, will be contacted by the Court regarding procedure for appearing by phone.
Some urgent matters, or matters involving children such as Child Inclusive Conferences may still go ahead face to face. Urgent hearings, such as those where there is a risk of family violence, will still proceed face to face as well. In any matter that is listed to be heard by phone, the parties may apply to the court for it to be heard face-to-face. There will need to be compelling reasons as to why this should occur.
Where matters are heard face-to-face, a number of precautions will be but in place to ensure social distancing and the health and wellbeing of court staff, litigants and solicitors. All proceedings heard face-to-face will be limited to 1.5 hours with cleaning to take place in between sessions. Lists are to be scattered throughout the day to prevent large groups of people being present in the Court at the same time. Social distancing rules and good hygiene is encouraged.
For non-contested matters and joint divorce applications, these will be considered “on the papers” which means there is no need for the parties to attend in person or on the phone but a judge or registrar will consider them in Chambers.
No physical documents are being accepted by the courts. E-filing of all documents is encouraged.
Starting a Family Court matter at this time
If you are looking to start divorce, property settlement or other proceedings at this time, the Court, as always, is accepting new applications. The preceding rules will still apply, and any matters that are considered urgent may be heard in person. Matters which are not urgent or uncontested will be heard by telephone or by the parties filing papers.
Any families at any stage of Family Court proceedings should be reassured that the Court will still be hearing and managing their matter at every step of the process.
If you want assistance commencing Family Law proceedings or help managing your current proceedings, our experienced team of Family law experts can assist you. Call Marie on 0426-134-179 or email her at email@example.com
The information contained in this post is current at the date of publishing – 6 April 2020
Along with the expertise and knowledge, the team at Andreyev helped guide me through the whole process with patience, kindness and understanding. The constant reassurance and professionalism conducted payed off in my legal matter.
I feel incredibly thankful that Marie and Catherine took my case and helped me start my new life.
As a Co-Founder and Executive Director of a fast-growing business securing the right legal advice is paramount to my professional needs, and personal security. Recognising I required the best of guidance and support I needed to find a legal practice and practitioner who could understand my specific needs and provide tailored recommendations to ensure my business kept growing and my assets remained secure.
From the onset I was delighted with the approach from Andreyev Lawyers. They took the time to understand my unique situation and provided considered recommendations. As I do not have a legal background, I particularly appreciated the clarity of communications enabling me to make clearly informed decisions. Subsequently, I decided to proceed with creating a Binding Financial Agreement (BFA) with my partner.
Andreyev Lawyers facilitated the BFA from beginning to end with great care and attention to detail, at each stage keeping me informed and supported. Their attentive and professional service not only resulted in the successful completion of the BFA but all parties ending very satisfied with the outcome due to the ease of process he had led.
I highly recommend Andreyev Lawyers for their professionalism and care and would not hesitate to engage them again in the future.