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.

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.

Crime statistics released in Victoria this week revealed thatfamily 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.

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“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 toldThe Age andThe 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.

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“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 hasangered 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-dollarpilot 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 on1800RESPECT (1800 737 732),Lifeline 131 114,or Beyond Blue'scoronavirus mental wellbeing support service on 1800 512 348.