Courts under pressure

Too many cases and too few judges meant that even before COVID-19 the Australian Family Law system was struggling to cope.

Alternatives to court

With the prospect of court backlogs getting worse for many months to come it is important to consider how else you can resolve your ,a Family Law property settlement.

Of course, you and your ex may reach an amicable agreement which can be drawn up into a legally binding Financial Agreement or Consent Orders. If not, Alternative Dispute Resolution processes such as negotiation and mediation are frequently used in Family Law cases to try and help people reach a deal.

But what happens if you can’t agree? The thought of having to wait months or even years for the courts to resolve your property with your ex is an unhappy and expensive one. Don’t worry, for our clients there is another way…

Arbitration may be the answer

Under the Family Law Act you may be able to take your case to arbitration.

The Family Court of Australia and the Federal Circuit Court of Australia have recognised the potential of referring cases to arbitration. This was given more impetus last week by a joint announcement of the introduction of a National Arbitration List. You can read the full text of the courts’ joint announcement of 16 April 2020 by clicking here.

Arbitration is the process where you and your ex agree to be bound by the decision of a qualified arbitrator. A bit like a privately appointed judge. In Family Law cases arbitrators are highly experienced Family Law lawyers and even ex judges. Their decisions can be registered and then they are just like court orders.

You get to put your case forward and so does your ex. The arbitrator can decide the whole of the case or just the parts you’re stuck on. It’s a flexible process that can be much quicker than the traditional court case.

We’re here to help resolve your Family Law property dispute

At Bell Legal Group we have a dedicated team of family lawyers ready to help you. We’re connected with highly respected and experienced Family Law arbitrators and can guide you through the process from start to finish.

If you need to get on with your life and get your relationship property resolved call us today on 07 5597 3366 or send an email to familylaw@belllegal.com.au

 

 

For more information on this topic please contact Margaret Miller, Partner and Family Lawyer. This article has been prepared by Bell Legal Group for general information purposes only. It is not legal advice and should not be relied upon as such.