I remember a time when a genuinely urgent court application could be listed and heard urgently. In that time I could advise a client that the court would hear a matter as quickly as it was urgent.
Come to the present. The listing procedures of the Family Law Courts generally make a mockery of urgency. Long return dates on urgent applications merely encourage self help. Parents take matters into their own hands and issues which could be nipped in the bud develop into problems which inevitably will ultimately involve more court time and expense or, worse, the affected party turning away from the process.
We are seeing many families where one parent takes control of the children at separation and denies any or adequate contact with the other parent. The need to gain a Section 60i certificate and then the court waiting lists means that 4 or more months can pass before the issue is dealt with.
Similarly, the court seems reluctant to enforce its own orders on a timely basis. What is the point of the judicial process if a court wont enforce its own orders.
I’m aware of the resources issue. No-one would criticize the Federal Magistrates over their attitude to their unrelenting workload. But surely, it is possible to have an urgent list outside the docket system where a Federal Magistrate can determine the degree of urgency, list for further hearing and make a quick “band aid” decision. That’s what used to happen when I would advise clients that the court reacted quickly when necessary.
