Can there ever be affordable family law
2018
The current operation of the family law system continues to be a source of great dissatisfaction to almost everyone caught up in it. There are many reforms that could ensure that the system works better within the existing budgetary envelope. These include better gatekeeping strategies to ensure that people have made efforts to resolve their disputes, or to narrow the issues, before filing; listing priority to be given to parties who have taken ail reasonable steps to resolve their dispute; obligations on practitioners and judges similar to those contained in the Federal Court of Australia Act 1976 (Cth) to facilitate the just, quick and cheap resolution of the real issues; the greater use of costs orders against people who pursue unreasonable or unnecessary applications or responses to applications; and legislative provisions to deter unethical lawyering. Finally, the article explains the rationale for the pilot of Parenting Management Hearings for self-represented litigants.
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