The Central Practice Direction: Family Law Case Management outlines the core principles applicable to family law proceedings and establishes a consistent national case management system in the Federal Circuit and Family Court of Australia.
The practice direction requires that before filing an Initiating Application or a Response to an Initiating Application, lawyers give their clients a copy of the practice direction. There is a brochure on the matter plans in the By Lawyers family law publications, being a convenient PDF version of the practice direction, for this purpose.
A new precedent letter to the client has been added to the matter plans, enclosing the brochure and summarising its key points. This assists the practitioner to both comply with their obligations and explain the importance of the practice direction to their clients.
The Central Practice Direction incorporates the overarching purpose, enshrined in the Federal Circuit and Family Court of Australia Act 2021 under which the court was created, to facilitate the just resolution of disputes as quickly, inexpensively, and efficiently as possible.
The ten core principles by which the overarching purpose is to be achieved are in summary:
- assessment of risk to vulnerable parties;
- rapid and inexpensive agreements;
- efficient use of the court’s resources;
- effective case management;
- active dispute resolution;
- adverse consequences for non-compliance;
- costs obligations;
- full disclosure between parties of all relevant information and focus on the real issues;
- hearing preparation; and
- resolution or determination of all cases promptly.
Following the principles, the Central Practice Direction makes it clear that the court expects parties and their lawyers to always:
- minimise costs;
- promptly give full and frank disclosure of information;
- communicate productively; and
- identify and seek to resolve the issues genuinely in dispute.
The Practice Direction prohibits aggressive and unnecessarily adversarial conduct. The safety of parties and children is a priority. Parties are not required to put themselves or their children at risk or compromise if they feel unsafe or believe abuse or violence affects their ability to negotiate fair or reasonable outcomes. The interests of children are always the court’s paramount concern.