Family courts to expand COVID-19 priority list as virus-related disputes soar

The family courts will expand a COVID-19 list created to quickly resolve urgent cases during the pandemic as they brace for a new range of virus-related disputes including whether children should be vaccinated.

The national list, which was originally only expected to run for several months, prioritises family law disputes associated with the pandemic that need urgent attention, including serious family violence issues.

Before the list's creation, cases in the Family Court and Federal Circuit Court could take about 18 months to go to trial.

The list was introduced in April and there have been about 430 applications. Most applications have been accepted, and many were heard within three business days of being assessed.

Head of the Family Court and the Federal Circuit Court, Chief Justice Will Alstergren.Credit: Eddie Jim

The Family Court and Federal Circuit Court of Australia will announce on Sunday that the list will be extended into next year with a widened range of criteria for applications, including matters related to financial and medical issues.

These could include situations such as a dispute about a child being vaccinated against COVID-19, the failure to resume time with a child in accordance with parenting orders as restrictions lift, or the negotiation of arrangements if someone is planning international travel.

The courts also expect to see a greater number of financial applications when JobKeeper and JobSeeker end in March, and family violence incidents where there has been an escalation in risk associated with the pandemic, particularly after the festive season.

Examples of applications that may be considered suitable for filing in the COVID-19 List

• Family violence: where there has been an escalation or increase in risk due to family violence associated with the COVID-19 pandemic.
• Suspension of parenting orders due to a family violence order: where either parenting orders or a parenting plan have been suspended by an ex parte family violence order made during the COVID-19 pandemic and a party seeks that the court make further parenting orders.
• Medical: the parties cannot fulfil the parenting obligations due to a party and/or child testing positive for COVID-19 or medical complications from having contracted COVID-19, or due to concerns about infection or quarantine requirements.
• Vaccinations: dispute about a child being vaccinated against COVID-19.
• Travel arrangements or border restrictions: the parties live in different states or territories and there are difficulties or anticipated difficulties with the child travelling between the parties’ residences, or a party is planning international travel.
• Urgent or priority financial and maintenance issues: a party is experiencing financial distress related to the impact of COVID-19 and requires urgent court orders, for example, an application for occupation or sale of a property.
• Failure to resume time in accordance with parenting orders or a parenting plan: where parties agreed to suspend parenting orders or a parenting plan due to COVID-19 restrictions, but there has been a failure or refusal to resume compliance with those parenting orders or that parenting plan following the easing of COVID-19 related restrictions.
• COVID-19 related employment: a party is a front-line health worker or engaged in other employment connected with COVID-19 that is impacting parenting arrangements or compliance with orders.
• Supervised contact: the current parenting arrangements involve supervised contact, and the contact centre is closed or the supervisor is unable to perform their role, and the parties cannot agree on an alternative arrangement.

Crime statistics released in Victoria this week revealed that family violence-related crimes increased by 7.5 per cent in the year to September, with more than 90,000 offences recorded.

There have also been concerns raised by police and support services about a "particularly high" jump in family violence incidents during this year’s post-lockdown festive season.

The head of the Family Court and the Federal Circuit Court, Chief Justice Will Alstergren, said he hoped the expansion of the list would shorten the lengthy delays within the system.

“This initiative is one of a number of critical projects that have and will continue to be implemented that aim to reduce waiting times for litigants," he said.

“We are preparing for the likely increase of urgent applications following the holiday period, which is a time that often places additional emotional and financial stress on families. This is likely to be further exacerbated as government financial support measures are lifted."

He told The Age and The Sydney Morning Herald last month that the creation of the list had “taken the heat right out" of the system by allowing urgent matters to be heard quickly.

“Had those cases not been dealt with quickly, they would have ballooned out and they would have had a major problem with delay, and the backlog. In a lot of cases it's helped settle cases that otherwise would not have settled, that would have gone on for months, if not years," he said.

The lower-level Federal Circuit Court deals with 92 per cent of parenting matters and 88 per cent of all family law work, while the Family Court deals with more complex matters.

The federal government plans to merge the two courts, saying it will reduce the delays and backlogs and improve efficiency. However, it has angered peak legal bodies, who say families and judges will suffer, and is opposed by Labor and the Greens.

Amid warnings from some legal commentators of a potential loss of family law specialisation as a result of the merger, Chief Justice Alstergren delivered a robust defence of his judges two weeks ago and launched a multimillion-dollar pilot program aimed at screening and triaging families at risk and connecting them with support services.

A federal inquiry into the merger last month heard that the current average time between the date a family law matter is filed to the commencement of a trial is 18.6 months in the Family Court and 17.5 months in the Federal Circuit Court.

Federal funding will allow for additional senior registrars and registrars to deal with applications on the COVID-19 list.

They are able to be heard electronically. Applications for the list this year have come from every major registry as well as Albury, Dubbo, Mackay and Wollongong.

The court says that applications that meet the criteria will be given a first return date before a national registrar, senior registrar or a judge within three business days of being considered if assessed as urgent, or within seven business days if a priority but not urgent.

For help in a crisis call 000. If you or anyone you know needs support, you can contact the National Sexual Assault, Domestic and Family Violence Counselling Service on 1800RESPECT (1800 737 732), Lifeline 131 114, or Beyond Blue's coronavirus mental wellbeing support service on 1800 512 348.

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