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Collaborate don't litigate

Collaborate don't litigate

By Stephen Winspear

Dispute Resolution Family Court 


The Australian Law Reform Commission (ALRC) is comprehensively reviewing the Family Law system created by the Family Law Act 19751 42 years after its inception. The new Act radically introduced no fault divorce to be founded solely on the irretrievable breakdown of marriage – to be proven only by a 12-month separation of the parties. A new specialist “helping Court”, the Family Court of Australia, was created to implement the change. Further, compulsory counselling took place within the Court system in an endeavour to settle parenting matters at the earliest possible stage. However, the system remained fundamentally based in an adversarial litigation structure.

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