The Family Courts have announced a pilot “Defaulters’ List” program, running in the Sydney Registry for now.
The intent of the Defaulters’ List is to ensure compliance with the rules and procedures of the Court – including any case management orders made by the Court – so as to achieve the overarching objectives of the Courts.
The overarching objectives of the Courts include the:
- just determination of all cases;
- efficient use of the judicial and administrative resources available for the purposes of Courts exercising jurisdiction in family law;
- disposal of all cases in a timely manner; and
- resolution of disputes at a cost that is proportionate to the importance and complexity of the matters in dispute.
Matters may be referred to the Defaulters’ List at any stage of the case management pathway up to the Compliance and Readiness Hearing. Some potential examples could include issues in relation to the provision of disclosure material, the filing of Court documents or the timely cooperation for the obtaining of reports from expert witnesses.
The defaulting party should be aware of the potential costs consequences of failing to comply with the requirements of the Rules and/or a case management order. Section 96 of the Family Law Act sets out that the Court must take account of any failure to comply in considering an order for Costs against a party.
The Defaulters’ List is to be piloted in the Sydney Registry and, if successful, will be expanded to other registries.
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