As litigation lawyers in Brisbane, we always primarily assess your matter to ascertain whether an early settlement is possible and, if so, what methods of alternative dispute resolution best suit your needs and circumstances. This is often the best way to save money and allow you to move forward with certainty. Whether it is negotiating in correspondence, in a mediation or choosing arbitration, there are a number of ways to seek to settle a matter without the Court’s intervention.
Legislation applying to the Brisbane family law jurisdiction contains pre-action procedures before filing in the Court which can assist in avoiding Court altogether in some cases. These include steps around exchanging disclosure, attending mediation or family dispute resolution, actively seeking to resolve issues and exchanging offers of settlement, as some examples.
However, there are a range of circumstances where the pre-action procedures, alternative dispute resolution and/or settlement negotiations have either been exhausted or are inappropriate. In those cases, litigation may be the only reasonable path forward to urgently protect what is important to you, or progress towards finality. Contact us today for litigation advice.
Daykin Family Law has extensive experience in litigating family law matters in the Federal Circuit and Family Court of Australia in a determined and respected way across:
Exploring settlements during litigation is also part of the process, as often matters settle once certain stages of litigation are reached. This could include once disclosure is exchanged or expert reports are obtained (such as business valuations, property valuations, a family report, a psychiatric assessment, as some examples). The Court will often expect litigants to assess whether a mediation or family dispute resolution conference is appropriate as a means to attempt to finalise all areas of dispute at once.
If a matter cannot settle prior then a final hearing will be set down. The wait time for a final hearing depends on the conduct of the proceedings and the Court’s availability. It is extremely important that cases are properly prepared for final hearing to maximise the chances of a successful outcome.
We have close working relationships with some of Queensland and Australia’s most outstanding barristers and experts in the field of family law. Counsel is often advantageous to be engaged for advice and representation at different stages. As is the involvement of other experts in the areas of forensic accounting, property, financial planners and commercial lawyers, as some examples.
We pride ourselves on providing clear, pragmatic advice and guidance during litigation geared towards best promoting the outcomes you seek at each step.
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