In early October, Federal Circuit Court Justice Andrew Guy was tragically found dead in Brisbane after being reported missing for 5 days. The NSW Bar Association says that his suicide is a reminder of the stress, heavy workload and loneliness faced by the Australian judiciary. The NSW Bar Association’s President, Rebecca Treston, commented that in ‘the Family Court of Australia and the Federal Circuit Court of Australia in particular, the workloads are completely crushing and relentless’.
If you’ve ever put an application through an Australian court, you have most likely experienced a delay from application through to hearing. So, how long does a family law case take to progress from application through to trial? Well, it depends.
Given the backlog of cases experienced by the family courts, lawyers have reported that it may take up to four years for a final hearing in the Family Court. Similarly, in some cases, it can be difficult to get a date for interim orders. These delays are compounded by disruption caused by COVID-19 creating need for urgent revisions, unfilled judicial vacancies and inability to keep up with workloads.
How does the family law system attempt to address delays? Parties are always encouraged to reach an agreement at any point during proceedings. Parties can also create a Parenting Plan or a Binding Financial Agreement, and file consent orders for approval by the court. Parties in most cases also undertake mandatory Family Dispute Resolution (FDR). This legislative requirement was introduced in the aim of resolving matters before they go to court.
With appropriate risk assessment, the introduction of FDR can be useful to address the magnitude of family law matters before the courts by allowing parties to come up with their own agreement, only litigating as a last resort. However, given the crushing workload and lack of resources, urgent attention needs to be given to the judiciary if
Proud to be different
We are proud to be different. That’s what makes Banga Legal the very best legal advisors for your matter. We don’t celebrate old school ‘pomp’ or excessive layers of admin and corporate structure. We celebrate great outcomes, high level customer service and happy clients. That’s what is important to us.
Proud to be small
Proudly small and with the beneﬁts of an agile lean ﬁrm, Banga Legal is big enough to deliver. Our team is constantly expanding and we are on the look out for the next real world court advocate.
Proud to be collaborative
We work alongside a number of afﬁliates who collectively enable us to deliver the very best and most affordable services for your unique requirements. Our afﬁliates are both legal and non-legal. They come from different industries, different walks of life and help us deliver on that renowned standard of service.
How we work
Four Steps To Your Success
Banga Legal provides you the confidence of knowing that your guidance comes from the very best Sydney and Melbourne Lawyer.