Family law system needs immediate funding

13 March 2018

The under-funding of the family law system is exacerbating delays and costs for families struggling through the justice process.

These concerns are highlighted in an issues paper released today by the Australian Law Reform Commission on its review of the family law system.

President of The Law Society of NSW Doug Humphreys said the ALRC appeared to be taking into consideration a broad range of factors that could assist in improving the system.

However, the ALRC's final report was not due on March 31 next year and its recommendations were unlikely to be implemented until later.

Mr Humphreys said this may not assist the many thousands of litigants struggling through court processes now, including people at risk of family violence.

"Litigants in Sydney and Paramatta registries can wait up to three years before a final hearing, they must wait a further lengthy period before a case is finalised," Mr Humphreys said.

The ARLC report notes that in some cases costs could extend to more than $100,000, he said.

"Costs and litigation fatigue can lead people to make poorer decisions or settle a matter in a way that does not correspond to their legal entitlements," Mr Humphreys said.

"This can include unfair property settlements, exposure to disadvantage, lack of protective measures and in the worst instances a continuation of family violence."

Mr Humphreys said factors that contributed to the high costs included court delays, multiple hearings and a lack of compliance with court orders.

"For many people, the justice process is simply out of reach," he said. Strict criteria for legal aid means many people who need assistance are not eligible."

This was inevitably leading to an increase in the number of self-represented litigants.

"Self-represented litigants face many disadvantages because of a lack of understanding of the law and legal process," Mr Humphreys said. "This can add substantially to the costs and delays of other parties.

"The extra time required for the courts to assist people through the healing process also adversely affects the efficiency of the courts and means the justice system ends up costing the public purse more."