As of 1 January 2019, separated partners who have initiated proceedings in the Federal Circuit Court in relation to their parenting or property matters may seek a Judicial Mediation.
This means that a judge may act as a mediator on a matter which is not in their docket.
In order to qualify for a judicial mediation, both parties must be legally represented unless the docket judge determines that the matter is suitable for judicial mediation where one or both parties are self-represented. Judicial mediations may assist parties in the resolution of parenting or property matters. If the matter is in relation to children, there must not be any allegations of serious risk and/or family violence. Judicial mediation is designed to resolve family law matters where compliance with previous orders in relation to mediation have been complied with but where private mediation has not resulted in a negotiated outcome. Further, Judicial mediation may be appropriate for child support matters.
To apply for a judicial mediation, an application may be made orally from the bar table or in writing to the docket Judge in chambers. Any application must be supported by a brief summary in bullet points addressing why the matter is suitable for Judicial Mediation. If the request for a Judicial Mediation is opposed by one party, then that party must provide the docket judge with a brief summary addressing why the matter is not suitable for judicial mediation.
For more information about Judicial Mediations, please contact our Family Law department at ABKJ Lawyers on (07) 5532 3199.