sydney Family Lawyers - Court & Disputes
Facts, Free Consult & Fees 2023
Court Disputes in Family Law, Insights and Disputes
How Do Court and Disputes Work in Family Law
Dealing and unravelling court representation or commencing proceedings under the Family Law Act, insights, facts and information with expert legal tips, from Senior Lawyer Jaswinder (Jas) Sekhon, Principal, Goldman Law.
“Guided Self Help” to start or defend court action from fixed fees. Pre-action procedures for court will start from $1,200 in lawyers’ fees. Getting to court to apply or do a defence will be from $5,000.
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Family Court Process Demystified
As legal experts specializing in Family Law and have personally run cases in almost all the Family Law Courts in Australia (including appeal courts). Capturing that experience we would like to provide you with essential, simple, and easy to read information about family and federal court representation in Australia.
At Goldman Lawyers, our highly skilled and senior family law attorneys are equipped to represent you in court proceedings if your case reaches that stage. Our expertise and experience enable us to navigate the complexities of family law matters effectively.
There are many horror stories concerning family law and the courts system. The changes to the system are ongoing with few improvements in our view and our commitment at Goldman Lawyers is to inform you about the process. Most cases settle before trail. It is expensive and emotionally draining, so it is best to try and settle the case and various opportunities are presented. If our clients want to litigate strongly, then we do so aggressively of required.
What Do the Numbers Show
Parenting cases dominate applications in court (above).
Below, 16% of cases get to judgment after the trial. Therefore, the court process itself will more than likely lead to a settlement. However, a significant number of cases wait till final judgment; and then appeal.
Only 16% of All Cases End in Court Judgments
Pre-Action Procedures
Pre-action procedures play a crucial role in family law matters. Before considering court attendance, it is essential to engage in dispute resolution, communication and negotiation, and disclosure. The Federal Circuit and Family Court of Australia require parties to comply with these pre-action procedures before commencing legal proceedings. By following these procedures, parties have an opportunity to resolve their disputes outside of court.
Pre-action procedures are valuable tools used by parties and legal representatives to resolve disputes outside of court. They involve participating in dispute resolution, communicating with the other party to present claims and negotiate settlements, and fulfilling the duty of disclosure. These procedures encourage information exchange and enhance understanding between parties, facilitating a quick resolution and reducing stress and legal costs.
Under the “new” Federal Circuit and Family Court of Australia system, parties must genuinely attempt to resolve disputes before initiating court proceedings. Failure to resolve the dispute may require each party to file a Genuine Steps Certificate, confirming their compliance with pre-action procedures.
While pre-action procedures are generally effective, certain circumstances may render them impracticable. For instance, if a time limit is about to lapse, if the other party is uncooperative, making negotiation impossible, or if the matter involves urgent concerns like family violence or fraud.
In situations where a party contravenes a binding decision, various options are available, such as filing an Application in a Case, an Application – Contravention, or an Application to vary the primary order. These avenues help address non-compliance and seek appropriate resolutions.
Applications to Court
When initiating court proceedings, several documents must be filed. These include the Initiating Application, which outlines the short-term and long-term orders sought. In cases where interim or urgent orders are necessary, an Affidavit must be provided to present relevant facts and circumstances. Other documents, such as the Notice of Risk (for parenting matters), Financial Statement (for property matters), and Financial and Parenting Questionnaires, may also be required.
Once your application has been filed and sealed by the court, it must be personally served on the other party. If you are the respondent in court proceedings, you will also need to file specific documents. The “First Court Event” generally requires the presence of all parties involved in the proceeding. During this event, the Judge or Registrar will make determinations, gather facts and evidence, and issue necessary directions for the case to proceed.
Responding to Court Proceedings
If you are named as the respondent in court proceedings, you will be served with documents from the other party or applicant. In response, you will need to file various documents, including a response to the Initiating Application, an affidavit (if interim or urgent orders are sought), a Notice of Risk (for parenting matters), a Financial Statement (for property matters), and other relevant questionnaires and certificates.
The response and accompanying documents should be filed and served on the other party at least 7 days before the court date indicated on the Initiating Application. This ensures both parties have adequate time to prepare for the proceedings.
First Court Event
The First Court Event is a crucial stage where all parties involved in the proceeding attend court. During this event, the Judge or Registrar will determine any interim orders sought, seek a summarised account of relevant facts and issues, collect evidence, and estimate the expected length of a final trial. Additionally, directions will be given to guide the proceedings. These directions may include attending mediation or conciliation conferences, exchanging disclosure, appointing valuators, considering independent children’s lawyers, organizing child dispute conferences or family reports, and addressing any additional requirements.
Trial
Contravention Orders
Once court orders are made, parties are legally bound to comply with them. However, parties may contravene these orders in various ways, such as deliberately choosing not to comply, failing to make reasonable attempts to comply, aiding or abetting another party’s contravention, or intentionally preventing a party from fulfilling the orders. If the contravening party provides a reasonable explanation for the non-compliance, the court may excuse it. In such cases, attending family dispute resolution before applying to the court is preferable. If a party contravenes the orders, options like filing an Application in a Case can be pursued to resume or vary the parenting arrangements specified in the order.
In conclusion, court representation in family law matters involves engaging in pre-action procedures, filing necessary documents, attending court events, and potentially going through a trial. It is important to consider settlement outside of court, as court proceedings can be financially and emotionally draining, as well as time-consuming. Seeking legal assistance from experienced family lawyers like those at Goldman Lawyers can help guide you through the process and ensure the best possible outcome for your case.
Court & Disputes Quick Facts & Fees 2023
Compiled With Over 10Years of Data From Real Client Questions
Disputes and Family Law- The Future - (1) Extension of Lighthouse Project to property
Goldman Law summarises the findings of the Joint Select Committee on Australia’s Family Law System in these FAQ as the future reforms that are currently in play. Whether all will be activated, we do not know. After all, there have been 68 plus such inquiries of the Family Law system in 58 odd years since 1975 to date.
The Joint Select Committee on Australia’s Family Law System: was appointed by resolution of the Senate on 18 September 2019 and resolution of the House of Representatives on 19 September 2019. The committee also tabled its final report on 22 November 2021 with some further recommendations on the family law system.
Recommendation 1- the Lighthouse Project
- The committee recommends that the three-year screening and triage pilot, known as the Lighthouse Project, be expanded to:
- all Federal Circuit and Family Court of Australia registries; and
- to include all parenting; and parenting and property matters.
- The committee also recommends that the expanded Lighthouse Project be appropriately resourced with additional funding for Senior Registrars and Registrars, and relevant professional and technical support staff.
Disputes and Family Law- The Future -(2) Priority Property Pools under $500,000 expanded
Goldman Law summarises the findings of the Joint Select Committee on Australia’s Family Law System in these FAQ as the future reforms that are currently in play. Whether all will be activated, we do not know. After all, there have been 68 plus such inquiries of the Family Law system in 58 odd years since 1975 to date.
Priority Property Pools under $500 000 (PPP500) pilot
- 75% of cases are disposed of by Registrars without the need for any judicial involvement;
- Cases are deal with swiftly, with usually only one court event before dispute resolution finalises the case;
- Less than 5% of PPP500 cases need a significant hearing before a Judge; and
- Even when cases are referred to Judges, they are well prepared and easier and quicker to deal with.
The Family Court outlined how PPP500 works in practice:
- The PPP500 List involves intensive work prior to the first court date, and close monitoring of compliance with orders, to ensure parties come to court as little as possible. Parties are given every opportunity to take ownership of their dispute, participate in dispute resolution and settle their case at the earliest possible stage, without expending a large proportion of their assets on litigation. Proactive case management not only leads to early settlements but reduces judicial involvement so that Judges can focus on the most complex cases.
- The Family Court put forward the benefits that this pilot could provide if the PPP500 were to be expanded:
- It is well known that litigation in the Courts can be very costly and time-consuming and can lead to long-term acrimony between the parties. Many people, particularly those who have been victims of family violence, are also very reluctant to engage in Court action due to the cost and the ongoing conflict with the perpetrator. The Pilot of the PPP500 process is currently only operating in Adelaide, Brisbane, Melbourne, and Parramatta until June 2023. Given the success of the Pilot, the increasing prevalence of family violence (including financial abuse) and the number of vulnerable litigants engaging in the court process, there is an urgent need for the PPP500 List, which has clearly proven to be effective, to be expanded to all court locations on an ongoing basis. This will mean that all vulnerable litigants with small property pools, including in remote and regional locations, can benefit from this expedited, low-cost option for resolution of their dispute.34
- The committee is supportive of programs and initiatives that reduce costs and delays for all families, and encourage timely resolution of disputes. Sometimes a timely resolution can only be achieved with the assistance of the Family Court. To date, the PPP500 has demonstrated its value in minimising the time in court whilst assisting vulnerable parties to resolve their disputes and move forward without liquidating the modest assets they share. In its second interim report—similarly to the Lighthouse Project—the committee recommended that, subject to a positive evaluation, that this pilot also be expanded.35 The final evaluation will be provided to the government in April 2022. In the meantime, these pilots have been extended until 30 June 2023. The committee is satisfied that the pilot’s extension provides certainty until the final assessment can be completed and considered.
Recommendation 2
The committee recommends that, subject to a positive evaluation, the Priority Property Pools under $500 000 pilot, also known as the PPP500, be expanded to all Federal Circuit and Family Court of Australia registries.
Disputes and Family Law- The Future - (3) Family Violence Orders
Goldman Law summarises the findings of the Joint Select Committee on Australia’s Family Law System in these FAQ as the future reforms that are currently in play. Whether all will be activated, we do not know. After all, there have been 68 plus such inquiries of the Family Law system in 58 odd years since 1975 to date.
Federal Family Violence Orders
Minister Tehan explained the purpose of the bill:
The bill will establish federal family violence orders and provide for their criminal enforcement. This reinforces the government’s recognition of family violence as not a private matter but a criminal matter of public concern. Victims of family violence who have matters before the family courts will no longer need to separately go to a state or territory court to seek enforceable protection and will be able to apply for a federal family violence order. 37
Recommendation 3
The committee recommends that if the Family Law Amendment (Federal Family Violence Orders) Bill 2021 is passed, the Australian Government continues to consult closely with the Federal Circuit and Family Court of Australia to ensure that it has sufficient resources to implement and enforce Federal Family Violence Orders.
Disputes and Family Law- The Future - New case management model
Goldman Law summarises the findings of the Joint Select Committee on Australia’s Family Law System in these FAQ as the future reforms that are currently in play. Whether all will be activated, we do not know. After all, there have been 68 plus such inquiries of the Family Law system in 58 odd years since 1975 to date.
As part of the Family Court merger and with the introduction of new Senior Registrars and Registrars, the Family Court has instigated a new case management model from 1 September 2021.
The Family Court described this new model:
- There will be a single consistent case management pathway which will [be] adopted in both Divisions of the [Family Court]. It has been designed to streamline procedures and to enable cases to be moved through the family law system as efficiently, and with as little detrimental impact on families and children, as possible. The new case management model will feature significant assistance from Registrars in the early stages of cases, in the form of triage and early case management. As far as possible, duty lists will be conducted by Judicial Registrars and interim hearings will be conducted by Senior Judicial Registrars. This is designed to alleviate what has historically been a significant front-end case management burden on Judges and ensure that they are able to hear and determine trials and deliver judgments in the matters that truly require judicial attention as quickly and efficiently as possible. This case management process will build on the significant success already experienced in pilots involving front-end registrar case management, including the Registrar Assistance Pilot and the Discrete Property List. 42
- Accordingly, the committee drafted a series of proposed amendments to the Family Law Act 1975 (Family Law Act), some of which would have the effect of authorising the Family Court to compulsorily refer matters involving parenting and property to mediation and arbitration.
- The Family Court also noted that such a power would be consistent with other courts such as the Federal Court of Australia. The Family Court confirmed that it was in support of a similar power to compel parties to arbitration.
- The committee’s proposed amendments to the Family Law Act would also provide immunities for family consultants when conducting mediation for the following reasons:
- The committee echoes its call for a number of amendments to the Family Law Act as specified in Appendix 4 of the second interim report.
Disputes and Family Law- (4) The Future - Arbitration schemes
Goldman Law summarises the findings of the Joint Select Committee on Australia’s Family Law System in these FAQ as the future reforms that are currently in play. Whether all will be activated, we do not know. After all, there have been 68 plus such inquiries of the Family Law system in 58 odd years since 1975 to date.
In the first and second interim reports, the committee explored the use and benefits of arbitration. In its submission to the inquiry, the AGD described how arbitration is used by parties to family law matters:
- Arbitration can allow a matter to be resolved by an impartial adjudicator (usually a family lawyer), and the resulting arbitral award can be registered as if it were an order of the court on the consent of both parties. Currently, arbitration is only used in the family law system to resolve property matters and can be undertaken through private agreement between the parties or by referral from a court. While arbitration is usually cheaper than going to court, the cost of private arbitration can be prohibitive for some parties.
- At least one person must be legally aided, but both parties may be legally aided, for LAQ arbitration. The responding person may be privately represented or legally aided. Both parties must be legally represented in arbitration.
- Parties must give full consent to participate in arbitration and can withdraw their consent at any time.
Recommendation 4
- The committee recommends that the Australian Government, subject to a positive evaluation of the two-year trial of lawyer-assisted mediation by legal aid commissions, considers funding and establishing a national arbitration scheme, similar to Legal Aid Queensland’s arbitration program, for property-only disputes in cases where net combined assets are valued at $500 000 or less.
- Development and implementation of this program should be in consultation with the Federal Circuit and Family Court of Australia, legal aid commissions and other relevant stakeholders.
FAQ - What QUESTIONS Clients Ask
Compiled With Over 10Years of Data From Real Client Questions
What Are The Best And Proven Legal Strategies To Win My Family Law Case?
Legal strategy discussions with a senior lawyer are important for several reasons.
Firstly, having a general philosophy and mission for a law firm helps differentiate the firm from others and demonstrates that the firm has carefully considered what they want to achieve and how they plan to effectively advocate for their clients. This strategic approach can give the law firm a competitive edge and help attract clients who align with their values and goals.
Secondly, discussing legal strategy with a senior lawyer allows for the exchange of knowledge and expertise. Senior lawyers have extensive experience and can provide valuable insights and guidance on how to approach legal issues. They can offer a broader perspective and help identify potential challenges and opportunities that may not be immediately apparent to junior lawyers or clients.
Moreover, senior lawyers can communicate in a way that is more business-oriented rather than using complex legal jargon. This is essential for ensuring that legal strategies are effectively understood and implemented by clients and stakeholders who may not have a legal background. A senior lawyer can translate complex legal concepts into clear and meaningful terms that align with the client’s business objectives.
Furthermore, engaging in legal strategy discussions with a senior lawyer allows for creative problem-solving and the exploration of alternative solutions. By considering different perspectives and brainstorming strategies together, clients and lawyers can develop innovative approaches and find the most effective legal solution for their particular situation.
Lastly, legal strategy discussions with a senior lawyer can help ensure compliance with regulations and minimize potential legal risks. Senior lawyers have a deep understanding of the law and can provide guidance on how to navigate complex legal frameworks. They can help identify potential legal pitfalls and develop proactive strategies to mitigate risks and avoid costly legal disputes.
In conclusion, having legal strategy discussions with a senior lawyer is crucial for law firms and clients alike. It allows for the development of a clear and effective approach to legal matters, facilitates knowledge sharing and creative problem-solving, improves communication, and helps ensure compliance and minimize legal risks.
How Do Goldman Lawyers Typical Professional Fees in a Family Law Matter Compare?
The rates are our top senior lawyers range from $550 to $750 per hour excluding GST.
Our senior lawyers must have had at least 10 years of family law experience in running matters. There is very little that we have not dealt with, from small but complex matters, legal aid panels, protective custody and disputes between states and the federal government, the kidnapping of children, complex financial matters, money laundering, cash businesses, domestic violence, multijurisdictional cases and the list goes on.
Our senior lawyers will personally handle your matter and we are simply too busy to stretch out your matter and to be effective at these higher charge rates, we must be quick, decisive, and work to an agreed strategy.
We know what is not important and we know what to cut out. We know where the cases are heading and do not like to drag them on.
Even though our initial rates may seem higher, the eventual outcome will cost less, and we are successful in achieving a better outcome.
We use technology and automation extensively to reduce the time taken for mundane tasks.
What Are Typical Family Law Fees In The Industry
According to the Federal Circuit and Family Court of Australia, parties involved in family law proceedings usually pay their own legal costs. However, there are exceptions to this. The court may order one party to pay the legal costs of another. The amounts payable for a costs order are set out in the scale of costs in Schedule 3 to the Family Law Rules 2021.
The court may also depart from the scale and order that another party pay all of a party’s costs reasonably and properly incurred, which is known as indemnity costs.
The fees for a senior lawyer handling a family law matter can vary depending on factors such as the complexity of the case, the expertise and experience of the lawyer, and the location of the law firm.
In Division 2 of the Family Law Rules 2021, the scale of costs for family law and child support matters is provided.
- For example, for initiating or opposing an application up to the completion of the first court date, the cost can range from $2,512.56 to $3,141.50, depending on the presence of interim orders.
- The fees for attending a hearing can range from $342.19 to $2,512.56 per day, depending on the type of hearing.
- Additionally, there are fees for drafting, conferences, and chamber work, ranging from $277.16 to $721.68 per hour, depending on the level of expertise. Disbursements, such as photocopying and agent fees, are also included in the costs.
These fees are provided as a guide and may vary depending on the specific circumstances of the case and also include Legal Aid Fees.
Per Court Day
Based on another source , the fees for senior lawyers in family law matters can range from $3,000 to $6,000 per day in court. Junior lawyers may charge less due to their developing expertise. These fees are generally for a final hearing and can vary depending on the complexity of the case.
Hourly Rates
Another source mentions that lawyers generally charge an hourly rate for their services. The lowest hourly rate for an admitted lawyer with less than 2 years of experience may be around $300, while the hourly rate for a principal of a law firm with years of experience can be around $600. The fees for talking to a lawyer or seeking legal advice can vary depending on the lawyer’s rate and whether a fixed fee or time-costing method is used.
What Do Barristers Typically Charge?
In a different source, the fees charged by barristers in family law matters are discussed. Barristers are grouped into categories based on their experience and level of expertise. For example, a reader (newly admitted barrister) may charge around $2,500 per day, while a senior junior barrister (with more than five years of experience) may start at around $4,500 per day. Queen’s Counsel and Senior Counsel (more experienced barristers) may charge from $9,000 to $13,000 per day. The choice of barrister will depend on the individual’s case and budget.
In conclusion, the typical professional fees for a senior lawyer handling a family law matter in Australia can vary depending on various factors, including the complexity of the case, the expertise and experience of the lawyer, and the specific services required.
The fees can range from around $2,500 per day for a newly admitted barrister to $13,000 per day for a senior barrister.
Hourly rates for lawyers can range from $300 to $600, and fixed fees may apply for certain services. It is best to consult with a lawyer to obtain an accurate estimate of fees based on the individual’s specific circumstances
Why Do Lawyers Tend To Underquote The Initial Fees? What Can I Do To Protect Myself?
Law firms use various strategies to attract clients, including the initial underquoting of fees. Note: Goldman Lawyers do not use these tactics.
When it comes to marketing, law firms focus on making themselves easy to find online through search engine optimization (SEO) and running SEO campaigns to improve visibility in search results
- One common reason for lawyers to initially underquote client fees is the traditional practice of not advertising prices. Many lawyers were trained by those who practiced at a time when advertisements were prohibited.
- Another reason is that lawyers are often hesitant to bind themselves to a flat fee before knowing anything about the client.
- Each client’s case differs in complexity and requirements, and lawyers may need more information before quoting an accurate fee. For example, a divorce case could range from simple and straightforward to complex and involving multiple assets.
- Furthermore, the unpredictable nature of litigation and transactional matters can make it challenging to estimate the amount of work required.
- Disagreements between parties and unforeseen circumstances may arise during the course of a case, potentially prolonging the work. Lawyers may be reluctant to set a fixed fee upfront when they cannot guarantee the duration or complexity of the legal matter.
- Moreover, lawyers may be concerned that advertising prices could lead to a race to the bottom, with lawyers undercutting each other’s rates.
- While this may benefit consumers, it may not be financially viable for lawyers. Lawyers require compensation that reflects their experience, expertise, and the value they provide to their clients.
- In light of these factors, it may not be advantageous for lawyers to advertise their prices upfront (as we do!!!).
In summary, lawyers initially underquote client fees for various reasons, including the traditional practice of not advertising prices, the need to gather more information about the client’s case, the unpredictable nature of legal matters, and concerns about a race to the bottom in pricing.