Changes to the Family Law Act are proposed to include an overarching purpose to facilitate the just resolution of disputes:
- according to law;
- as quickly, inexpensively and efficiently as possible.
What does this mean?
We don’t really know yet.
What it includes among another things are – “Efficient use of judicial and administrative resources available for the purpose of the Court; the efficient disposal of the Court’s overall case load; the disposal of all matters in a timely manner; the resolution of disputes at a cost that is proportionate to the importance and complexities of the matters in dispute.”
Parties are expected to act according to the overarching purpose. What does this mean? We don’t know yet!
What we think is that it will require advisors to:
(a) Take into account the duty referred to as the overarching purpose.
(b) Assist parties to comply with that duty.
(c) Parties be regularly advised of their cost positions.
(d) The Court has the ability to make Cost Orders against solicitors (it always has!).
In summary? Parties who have used the Court and its inbuilt delays as a strategy against the other party, especially where their financial circumstances allow this to occur will likely breach this overriding purpose.
Solicitors who do not counsel them about that breach could be seen as participating in the conduct.
The rule of thumb in Family Court proceedings was that generally each party pays their own costs. If it can be established that a party has not had regard to the new overarching principles for a new overarching purpose that could potentially be ignored.
At Tiyce Lawyers we consistently advise parties against Court proceedings. Negotiation, mediation and more regularly arbitration deliver faster and less expensive outcomes than the Court process.
Obviously there will always be some matters that require judicial intervention. For advice on which process best serves your case, contact one of our Family Law experts at Tiyce Layers – we’re here when you need us.
