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The new Federal Circuit and Family Court of Australia: What you need to know now

Our Australian Family Lawyers Head of International Partnerships and Principal Lawyer at Watts McCray Barry Frakes presented, with Jacky Campbell of Forte Family Lawyers as Chair and co-commentator, on “The New Federal Circuit and Family Court of Australia: What Family Lawyers Need to Know Now”.

Over 120 legal professionals joined yesterday via live webinar on the Television Network. With the changes having far-ranging impacts, legal professionals attended from firms across all states and territories.

Key takeaways from the session included how the newly merged Court has introduced sweeping new rules, streamlining the litigation pathway and how lawyers have to get on top of them now. Some of the discussion topics included steps lawyers and their clients must meet for pre-action procedures before they file and new pathways to a final hearing. Keep reading for more details on the new Family Court and Federal Circuit below.

3 key takeaways on the new Family Court and Federal Circuit are:

Hammer of the law symbolic of the new family court and federal circuit Australia

  • The newly merged Court has introduced sweeping new rules streamlining the litigation pathway and lawyers have to get on top of them now
  • The Rules emphasize that the future in Family Law is Mediation and Arbitration as real alternatives to litigation
  • That Judicial Registrars and Senior Judicial Registrars are going to be more involved than ever in Directions Hearings and Interim Hearings freeing up Judges for Final Hearings

The hot topics for attendees were:

  • What steps do lawyers and their client’s have to meet for pre-action procedures before they file?
  • What are the new pathways to a final hearing?
  • The Court seems to be expecting a massive take up on external Mediation and Arbitration in order to get anywhere near their ambitious targets for reducing existing court delays

In response to the future of family law moving into the mediation and arbitration space Australian Family Lawyers and Watts McCray have launched a new industry-leading mediation and arbitration service.

FAM is the first specialist family law Alternate Dispute Resolution service in Australia. An innovative, experienced and committed team of lawyers, mediators and arbitrators who unlock solutions to family law problems. Learn more about the Faculty of Arbitration and Mediation (FAM) here.

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