The COVID-19 pandemic has caused social distancing restrictions to be implemented throughout Australian states. As we are slowly emerging from lockdown measures, it may not be surprising to find that the number of couples seeking separation advice has increased. Not-for-profit organisations have seen an increase in enquiries seeking counselling, support and self-help information.
Many people may feel that being trapped in the same home as their spouse has left them with no option but to go ahead with divorce proceedings. Many people may feel that “lockdown put the nail in the coffin” of their marriage, like this woman, who became tired of seeing her spouse’s flaws every day, day in and day out. The woman also notes how lockdown has made it harder for strained couples to “escape” from their home or partner. However, with social restrictions starting to ease some relationships may improve or stay the same, whilst others may break down.
Considerations
If you are considering to file a divorce application, you need to be aware of important new arrangements for the listing of matters in the Family Court of Australia and Federal Circuit Court of Australia due to COVID-19. The courts are still operating during the pandemic to facilitate justice. However, court delays may exist due to current social distancing measures the courts have implemented for family law matters:
If your matter can be appropriately conducted by telephone or videoconference, the court will likely use these methods to conduct any hearings, trials, and appeals. Only a small number of face-to-face court hearings may be conducted if there are exceptional circumstances.
High-volume lists need to be staggered to reduce to amount of people in attendance in the Registry and in the courtroom. Currently, the courtroom is limited to 8 people. This means if there are any additional people involved in your matter, they can appear via telephone or they must remain outside the courtroom.
Non-urgent property only matters, and non-urgent parenting matters may be adjourned for a period of time at the discretion of the judge
National COVID-19 List
The Family Court of Australia and Federal Circuit Court of Australia have now established a court list that exclusively deals with urgent family law disputes that has arisen as a direct result of the COVID-19 pandemic. For example, this can include situations where family violence has increased in the home due to lockdown, border restrictions are affecting your parenting plans or if parental obligations cannot be fulfilled because a family member has tested positive for COVID-19.
For your matter to be a part of this Court list, you must satisfy the criteria below:
The application must be filed as a direct result of the COVID-19 pandemic
The matter is urgent
If it is safe to do so, there has been reasonable attempts made to resolve the issue, but this has been unsuccessful
The matter is can be conducted through electronic means (e.g. via telephone or videoconference)
The application is accompanied by an affidavit using their COVID-19 template affidavit
It is therefore necessary to be aware of changes in court procedures if you have an urgent matter in family law.
The above information is intended as general information and is not intended to be relied on as legal advice. If you are considering applying for divorce proceedings or have an urgent family law matter, contact one of our experienced family law solicitors on (02) 9920 1787 to discuss how we may assist you to achieve a favourable outcome.
Our principal is named as leading Family and Matrimonial Lawyer of the Year by Acquisition International in their 2019 leading Adviser Awards. Pannu Lawyers are conveniently located in Blacktown and practice extensively in Family Law, Criminal Law, Commercial Law and Conveyancing.
