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Getting the most out of our Family Dispute Resolution Service

As lawyers have adjusted to the new Federal Circuit and Family Court of Australia case management requirements, our Family Dispute Resolution Service (FDRS) has also seen a period of change.

Published:
Tuesday 12 December 2023 at 10:31 am

Our Family Dispute Resolution Service (FDRS) experienced huge spikes in demand during pandemic lockdowns and with the introduction of the Federal Circuit and Family Court of Australia in 2021.

We have since moved to a more regular number of cases moving through to conference and continue to achieve strong settlement rates and safe, sustainable outcomes for clients.

However, as family lawyers will be experiencing, most of our cases now tend to be multi-issue and highly complex.

In previous years, most of our cases were at early intervention stage, but a higher proportion are now litigation interventions with more entrenched conflict.

Independent child lawyers are more often involved, and there is frequently a need for urgent conferencing prior to hearing.

These cases require more time.

As a result, we are looking at ways to manage this, including encouraging another conference within a short timeframe.

This includes if a case is close to trial and parties were close to resolution at initial conference and there is time to reconvene to finalise matters.

Seeking lawyer experience of FDRS

We have been conducting client feedback surveys recently and are keen to hear from lawyers, particularly about conference format and what works to support clients best.

Please complete our online survey to let us know what is working for you or not.

It takes just five minutes and will close on 19 December 2023.

Our current timeframes

We do not have any backlog and are managing many files at intake and assessment stages.

Our eight-week expected timeframe includes processing of a grant, case assessment and booking, as well as a conference being held.

This timeframe allows us to triage urgent and high-risk cases.

The more information lawyers can provide through ATLAS client details and by emailing court orders and other documents at the early stage, the more quickly we can progress to assessment, and then booking, if it's suitable.

Delays can also occur if lawyers have limited availability for conferencing.

The role of lawyers at FDRS

We recently ran a Professional Legal Education session on the role of a lawyer at FDRS, featuring one of our experienced chairpersons, Jill Raby, and senior lawyer Chelsea Trang.

We will be offering a similar session in the first part of 2024 for private practitioners.

The aim of the session will be to prepare new lawyers and refresh practising lawyers' knowledge by providing insights on how legally-assisted family dispute resolution works best for clients at our FDRS.

It covers our process, as well as:

  • the approach and goals of family dispute resolution
  • how it differs from negotiation and litigation
  • advice for lawyers on how to participate in any form of family mediation.

Keep an eye out for a confirmed date.

More information

If you have any questions about the FDRS process or practice, or specific file enquiries, please call us on (03) 9269 0500 or email fdrs@vla.vic.gov.au.

Learn more about our FDRS

Updated

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