A Sydney/Northern Beaches lawyer can assist you in avoiding the delays of years in hearings in the Family Courts by negotiating not litigating a family law dispute.

Avoid the delays of years in hearings in the Family Courts by negotiating not litigating a family law dispute.

In one recent case, the Family Court heard an appeal from a decision by a judge of the Federal Circuit Court which also hears family law disputes. The case was a dispute on both parenting and property.

There was a delay of 7 years between trial commencing and delivery of judgment and final orders in both the parenting and property proceedings. The trial took place on 19 and 20 September 2013. Yet it was not until 21 September 2020, some seven years after that initial trial had concluded, that the primary judge made orders and delivered reasons for judgment on 21 September 2020.

The Court of Appeal held:

1. Nothing in the reasons for the judgment sought to explain or justify the delay.
2. No recognition in the judgment of the possible effect of the delay on the decision-making process.
3. The reasons for judgment failed to engage with the father’s case and overlooked many aspects of the evidence.
4. There was no reason provided for rejecting the recommendations of the family consultant and discounting her evidence.
5. There was a failure to make relevant findings of fact arising out of the evidence. There was a failure to provide adequate reasons. There was a failure to take into account relevant and material considerations.

The Court allowed the appeals. Where did this leave the Wife and Husband? The proceedings were referred back to a Judge of the Federal Circuit Court for rehearing.How long would it then take for a hearing and judgment?

Avoid delays in resolving parenting and property disputes by negotiation, not litigation. Telephone Kathy Chase at Pittwater Family Lawyers on (02) 9918 6565 or send her an email at: info@pittwaterfamilylawyers.com.au Or pittwaterfamilylawyers@gmail.com.

Kathy is situated on the northern beaches of Sydney but travels to see clients anywhere in the suburbs of Sydney and has acted for clients residing interstate and overseas. http://www.pittwaterfamilylawyers.com.au