Changes to family law rules regarding Arbitration

Damien Greer and Wendy Miller as trained arbitrators are very pleased to see that the Family Court has recently drafted new rules to provide a comprehensive scheme to govern the arbitration process. This should encourage more lawyers and their clients to make more use of arbitration to resolve their disputes. The new rules will give clients a timely and cost effective outcome. The current lengthy backlog of matters before the Family Court and the Federal Circuit Court and the cost of litigating matters through these courts make arbitration a very attractive alternative. The new rules will come into operation on 1 April, 2016.

A major advantage of arbitration is the time it saves. Parties can determine their own time frame which makes it possible for matters to be concluded in 4-6 months rather than 1-2 years if the matter was litigated through the court system.

It is often possible to negotiate a time within which an arbitrator is to provide their decision after a hearing. This can be as short as 2 weeks. The advantage of this feature is obvious when compared to having to wait for up to 18 months for a decision from a court after a hearing.

A further advantage of arbitration is that the process is confidential.

Click here for more information on the arbitration process.


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