The Australian family law system is undergoing some changes.
A review is currently underway with a view to reform aspects of the system causing delays.
Ex-Chief Justice Diana Bryant, who retired October 2017, recently spoke out about the family court’s underfunding.
“There are very vulnerable people caught up in the system and at the moment we are powerless to do a lot about it,” she said, speaking with ABC News.
“I think the system is letting the people down.”
However, the Australian Bar Association has suggested a different source of the delays, and offered a potential solution.
Delays, the ABA have suggested, are often the results of warring couples, deliberately drawing out proceedings to inflate the opposition’s costs, and producing inordinate delays in the process. (Courier Mail)
Although the courts may already order costs in limited circumstances, the ABA have supported law reform that would grant the courts greater power to make costs orders against parties that unnecessarily delay proceedings.
It is thought that this would effectively encourage fair and reasonable conduct by parties to a family law matter.
Cases can often cost each party upwards of more than $100,000, so the proposed change could go a long way to improving behaviours in this area of law.
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