Family Law Case Management Standards

Family lawcase managementstandards

ContentsIntroduction . 10Right to Information . 11Information privacy . 11Solicitors’ fundamental duties . 12Barristers’ conduct rules . 12Human rights . 13First Nations . 13Family law . 14Child protection . 14Human rights . 15Part A — Acting in family law matters generally . 16A1. Initial interview . 16A2. Grant of aid . 16A3. Management of matters . 17A4. Briefing counsel . 18A5. Appeal . 18A6. Initial/final contribution . 18A7. Completion of matter . 19A8. General solicitors’ duties . 20Part B – Acting in a legal aid family dispute resolution conference . 21B1. Initial client interview . 21B2. Negotiation . 23B3. Attending the family dispute resolution conference . 23B4. Confirm outcome with client . 24B5. Consent orders . 24Part C – Acting in parenting and property matters . 25C1. Letter of introduction . 25C2. Initial client interview . 25Australian Solicitors Conduct Rules relevant to advice . 26C3. Parenting plans . 26C4. Compulsory dispute resolution . 27C5. Prepare documentation – family law courts . 27C6. Costs . 28C7. Filing the documentation at court . 28C8. Write to client advising of date of hearing . 29Page 2Family Law Case Management Standards February 2021

C9. Before the interim hearing date . 29C10. Child abuse cases . 30C11. Domestic and family violence cases . 30C12. Evatt List – The Lighthouse Project (Pilot – Brisbane Registry) . 31C13. Hearing of interim issues . 32C14. Prior to each further court event . 34Australian Solicitors Conduct Rules relevant to mentions and interim hearings . 34C15. Procedural hearing/mention . 35C16. Magellan cases . 35C17. Matters to be considered prior to conciliation conferences — property matters . 36C18. Conciliation conferences . 36C19. Property proceedings—trial directions . 36C20. Preparation for trial. 36C21. Brief counsel for trial . 37C22. Conference with counsel . 38C23. Attend at the trial and instruct counsel . 38Australian Solicitors Conduct Rules relevant to trials . 39C24. Appeals . 40C25. Delays in delivery of judgment . 40Part D – Acting in arbitration matters . 41D1.Letter of introduction . 41D2. Initial interview with client . 41Australian Solicitors Conduct Rules relevant to advice . 42D3. After the initial interview and following completion of the Arbitration statement . 42D4. Final Interview with client . 43Part E – Acting as a family law duty lawyer. 44E1. Family law duty lawyer service. 44E2. The client . 44E3. The duty lawyer . 44E4. Arrival/departure time & breaks . 44E5. Security . 45E6. Intake . 45E7. Interpreters . 45E8. Client service . 46E9. Instructions and advice . 46E10. Parameters of service . 47Negotiations . 48Representation . 48The “do nots” . 48E11. Appeals . 49Page 3Family Law Case Management Standards February 2021

E12. Administrative requirements . 49E13. Applications for legal aid . 49E14. Managing conflict . 50Part EA – Family Advocacy and Support Services - matters in court that day(enhanced family law duty lawyer model) . 51EA1. Family Advocacy and Support Services – matter in court that day . 51EA2. “Personal safety” section of form . 51EA3. How FASS differs from the standard FLDL service . 52EA4. Parameters of service . 52On the day of court:. 52Only in exceptional circumstances in urgent matters: . 52EA5. Referrals to the support worker . 53EA6. Administrative requirements and managing conflict . 53Part EB – Family Advocacy and Support Services - matters not in court (minorassistance model) . 54EB1. Referrals to the service . 54EB2. The client . 54EB3. Intake . 54EB4. Location . 55EB5. Parameters of Service . 55Not in court that day (urgent matters only). 55Possible drafting of court documents: . 55Drafting court documents . 56EB6. Clients returning to FASS the next day. 56EB7. Instructions and advice . 57EB8. Referrals to the support worker . 57Refer to Part EA5 . 57EB9. Applications for legal aid . 57EB10. Administrative requirements and managing conflict . 57Part F - Acting as an ICL . 58F1. Role/obligations . 58F2. Notice of Address for Service and other notices . 59F3. Letter directly to the represented litigant . 59F4. Communication with a self-represented litigant . 59F5. Letter to Child Dispute Resolution Services . 60F6. Letter to Child Safety . 60F7. Subpoenas . 60F8. Meeting the children . 60F9. Attending court events . 61Page 4Family Law Case Management Standards February 2021

F10. Dealing with criticism of the ICL . 61F11. Right of the child to direct representation . 61F12. Conference/negotiations with other parties . 62F13. Contacting other witnesses . 62F14. Case management . 62F15. Domestic and family violence cases . 63F16. Preparation for hearing of interim issues . 64Australian Solicitors Conduct Rules relevant to mentions and interim hearings . 66F17. Family reports and other expert reports . 66F18. After interim issues have been determined . 67F19. Dealing with contact supervisors . 68F20. Disclosure of an expert’s notes and an ICL’s file . 68Requests for expert notes . 68Disclosure or client legal privilege for the ICL . 69F21. Preparation for trial . 69F22. Briefing counsel . 70F23. Costs . 70F24. Trial . 71Australian Solicitor Conduct Rules relevant to trials . 71F25. At the conclusion of the trial . 72F26. Delays in delivery of judgment . 72F27. Appeals . 72F28. When child abuse is suspected . 72Part G – Acting in domestic violence matters . 73G1. Clients experiencing or using domestic and family violence and their needs . 73G2. Face-to-face or telephone advice . 73Australian Solicitors Conduct Rules relevant to advice . 74G3. Initial interview . 74G4. Temporary protection orders . 75G5. Court procedure . 75G6. Implications of application . 75G7. DV 1 Form— Application for a Protection Order completion . 76G8. Lawyer acting as an authorised person . 76G9. Filing an application . 76G10. Service . 76G11. Evidence and witnesses . 76G12. Negotiations with the respondent/lawyer . 77Australian Solicitors Conduct Rules relevant to mentions and interim hearings . 78G13. Arrangements for court . 78G14. The court process . 79Page 5Family Law Case Management Standards February 2021

G15. The application. 79G16. Preparation for hearing . 79G17. At hearing . 80Australian solicitor conduct rules relevant to trials . 81G18. The impact of parenting orders in domestic and family violence matters. 82G19. Appeal . 83G20. Initial/final contribution . 83G21. Completion of matter. 83Part H – Acting as domestic and family violence duty lawyer . 84H1. Domestic and family violence duty lawyer services . 84H2. The duty lawyer . 84H3. Arrival and breaks throughout the day . 84H4. Preparation . 84H5. Instructions and advice . 85H6. Negotiations . 85H7. Applications for legal aid . 86H8. Representation . 86H9. Appeal . 87H10. Administrative requirements . 87Part HA –Domestic and family violence duty lawyer services where an enhancedservice is offered . 88HA1. Domestic and family violence duty lawyer services . 88HA2. The duty lawyer . 88HA3. Arrival and breaks throughout the day. 88HA4. Preparation . 88HA5. Intake . 89HA6. Instructions and advice . 89HA7. Negotiations . 89HA8. Applications for legal aid . 90HA9. Representation . 90HA10. Appeal . 91HA11. Administrative requirements . 91Part I – Acting in child protection matters . 92I1. Clients involved with the child protection system and their needs . 92I2. Direct representative. 92I3. Letter of Introduction . 94Direct representative . 94I4. Initial interview . 94Page 6Family Law Case Management Standards February 2021

Party representative . 94Direct representative . 95Australian Solicitors Conduct Rules relevant to advice . 96I5. In-house precedent package . 96I6. Notice of Address for Service . 96I7. Dealing with DCPL, OCFOS and/or Child Safety . 97I8. Dealing with unrepresented parties .

family law duty lawyer and family advocacy and support services (FASS) acting as an independent children's lawyer (ICL) domestic and family violence matters domestic and family violence duty lawyer party representation in child protection matters, including direct representation .