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Property Less Adversarial Trials

The Federal Circuit and Family Court (FCFCA) has developed a trial process aimed at minimising the negative impact that an adversarial family law trial can have on the parties involved, especially the children.

The FCFCA takes a less adversarial approach to trials in child-related proceedings. This means a trial in a child-related proceeding:

  • is focused on the children and their future;
  • is flexible so that it can meet the needs of particular situations;
  • is anticipated to be less costly compared to traditional trials and will save time in court;
  • is less adversarial and less formal than is usually the case in a court.

Key Features

Key features of the less adversarial approach, which vary significantly from a traditional hearing include:

  • the trial starts when the parties first meet the judge;
  • the judge controls the hearing process and its inquiry, not the lawyers;
  • the judge concentrates on getting the best information from all parties about the specific needs of the children;
  • a family consultant is in court from the first day as an expert adviser to the judge and parties;
  • the parties can speak directly to the judge and explain in their own words their case and what they want for their children;
  • the judge, rather than the parties or their lawyers, decides how the trial is run;
  • the same judge and family consultant deal with the matter throughout the trial.

The Armstrong Legal team is highly experienced in less adversarial trials. Our specialist family law solicitors focus on the best solution for the children. We look at their future, individual situations and the stability of the child whilst reducing costs and time spent in court. Please contact Armstrong Legal to talk to one of our specialist family law solicitors.

Michelle Makela

This article was written by Michelle Makela

Michelle has over 15 years experience in the legal industry, working across commercial litigation, criminal law, family law and estate planning.  Michelle has been involved in all practice areas of the firm and in her personal practice has had experience in litigation at all levels (State and Federal Industrial Tribunals, the Supreme Court, Court of Appeal, the Federal Court, Federal...

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