Family Law Fairness

Family law cases are unique; rather than being about the assertion of rights, they are about solving a problem ( i.e. how do we share our property/ children now that we no longer live together?) and because of this, the “win at all costs” approach of some lawyers and their clients only makes it more costly and harmful.

The merger of the Federal Circuit Court and the Family Court of Australia commenced on the 1st of September 2021. The new rules and case management processes are aimed at modifying this “win at all costs” approach.  In fact, they call for a new kind of family lawyer. You need to know, not all lawyers are the same in their approach and some behaviours do cause costs to soar. The court has now mandated a pre-litigation dispute resolution process aimed at alleviating the need for going to court. Your family lawyer is to:

  • Communicate effectively in a resolution focused manner (discouraging aggressive and adversarial conduct by lawyers);
  • Get to the real issues quickly. Avoiding irrelevant or non-genuine issues;
  • Be realistic in making any claim and when making offers;
  • Managing the client’s behaviour and expectations by ensuring they do the things they are supposed to; ensuring they make realistic offers to settle; ensuring they do not inflame the dispute and increase costs; 

We are pleased with these changes in the law and support removing hindrances and unnecessary behaviours from an already difficult process.  

Latest Posts

Family Law

Subpoena Shock? 6 Steps to Protect Yourself (Especially for Businesses)

Discover six essential steps to protect your business when served with a subpoena, from marking deadlines to hiring expert legal help. Learn how to safeguard your sensitive information and effectively manage the legal process. Contact us for expert guidance and support.

Read More →
Family Law

Save Money During Your Property Settlement

Madsen Law has specialised in Family Law for over 20 years. We know Property Settlements can be emotionally charged and financially draining, but there are some very practical things you can do to streamline the process.

Read More →
Law Categories

Changes to the Family Law Act: Implications for Fathers

There will be significant changes to how parenting orders are made when the Family Law Act amendment comes into effect on the 6th of May 2024. Read the article to find out more and how this may affect you.
Two of the more significant changes are how the court determines what is in a Child’s Best Interest and the repeal of the Presumption of Shared Parental Responsibility.

Read More →
Family Law

Subpoena Shock? 6 Steps to Protect Yourself (Especially for Businesses)

Discover six essential steps to protect your business when served with a subpoena, from marking deadlines to hiring expert legal help. Learn how to safeguard your sensitive information and effectively manage the legal process. Contact us for expert guidance and support.

Read More →
Family Law

Save Money During Your Property Settlement

Madsen Law has specialised in Family Law for over 20 years. We know Property Settlements can be emotionally charged and financially draining, but there are some very practical things you can do to streamline the process.

Read More →