The prevalence and detrimental impact of family violence has received much needed attention in the legal and public arena in recent years. Proposed changes to the
In most cases, it is necessary for parties to attend mediation and obtain a Section 60(I) Certificate prior to going to Family Court – although the need to attend mediation can be waived in circumstances of urgency. If the matter is deemed sufficiently urgent, it is possible to attend court. In cases where the matter is extremely urgent, Orders can be sought on an ex parte basis, meaning that the matter will be dealt with without the other party having the opportunity to attend Family Court, or present evidence.
Changes to all modern awards, which have introduced provisions relating to family and domestic violence leave, came into effect from 1 August 2018. This change has come about due to the 4 yearly review of modern awards.
Domestic violence (or family violence) is an issue deeply ingrained within many family law matters, and causes certain logistical difficulties over and above the physical and emotional turmoil faced by victims as a consequence of that violence.
Ex parte proceedings refer to proceedings where one of the parties may not be present. The matter of Drew & Jensen [2017] FCCA 656 concerned a recovery application made by the father of two children, aged five and nearly two.
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