How Family Law Cases Can Be Sped Up

The Family Law court system is known to be slow and can take up to 2 years to resolve a dispute.

That is why a participant in the proceedings needs to be organised, instruct their solicitor fully and frankly at all stages, be on time with information and attendance at hearings, and keep a clear head for the issues at hand.

Having said that, The Family Law Rules 2004- Rule 12.10A makes provision to “expedite” the hearing of a family law case, by a party filing an application with the court to do so.

Expedited cases are often allowed by the court where current court orders are causing harm, especially to a child.

In considering whether an order for “expedition” will be made in an applicant’s favour, the court may consider the following:

Whether the applicant has acted reasonably and without delay in the case;

Whether there are “relevant” circumstance/s which lead the court to the conclusion that the case should be given priority, to the possible detriment of other cases in its system;

Whether there are other issues relating to a participant to the proceedings (including a child) or to a witness, as to, for example, sexual abuse, emotional needs, violence, harassment or intimidation, financial hardship, and whether the purpose of the case would be lost if not heard early.

Every case depends on its facts and circumstances as pleaded by the applicant for “expedition” and there is now a very relevant body or precedent case law that must be considered by any applicant or solicitor seeking to “jump the queue” and be granted an expedited hearing.

If you’re looking for assistance with a family law matter, consider contacting us on 0755363055 or email admin@wilsonhayneslaw.com.au.

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