Court or Collaborative practice?
When considering how to resolve your Family Law dispute, many people think court is the only option. Collaborative Practice is relatively unknown, despite being a widely utilised method for resolving Family Law matters. To better understand the question ‘Court or Collaborative Pracitce?’ we have outlined a recent court case.
The following court case highlights the drawbacks of becoming entangled in the court system.
The Full Court of the Family Court overturned a jail sentence given by a Federal Circuit Court judge in Brisbane to a father of two. The sentence was due to his late disclosure of financial documents. Courts frequently delay enforcing document disclosure orders and deadlines, despite widespread non-compliance with the crucial policy of full disclosure. However, imposing a jail term in such circumstances is highly unusual.
The appeal court labeled the sentence an “affront to justice”. The court too criticised the judge for lacking the authority and factual basis for the order.
This case serves as a strong reminder of the significance of timely and comprehensive disclosure. Which is outlined in the Family Law Rules. It highlights the benefits of avoiding courts and choosing Collaborative Practice or other Alternative Dispute Resolution methods for Family Law disputes.
In the Brisbane case, despite the husband’s late disclosure, evidence showed his wife didn’t want him imprisoned. When an appeal court denounces a judge’s ruling as a “gross miscarriage of justice,” people opt for out-of-court methods for better control amid court uncertainties.
For more information on the process of Collaborative Practice visit the Collab Professionals NSW.
At De Saxe O’Neill Family Lawyers we have a number of trusted lawyers trained in Collaborative Practice. Our family law team welcome the opportunity to discuss the process and procedure of Collaborative Practice and how this out of court method can help you resolve your Family Law dispute. Contact our team on 02 9948 3820.
