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Non-court dispute resolution in family law – why simply emphasising its use is not enough

Over the last two decades, there has undoubtedly been an increased emphasis on using non-court dispute resolution (N-CDR) in family law cases. The Family Procedure Rules 2010 (FPR), the Children’s and Family Act 2014 (CFA14) and the introduction of the Family and Children Arbitration schemes are but the highlights in a clear attempt to push parties towards N-CDR. Some attribute this increasing preference to N-CDR’s many benefits which are noted by the legislature (FPR 2010), the judiciary (W v M [2012] & ALvMT [2013]) and commentators alike (Edwards, 2018, 1221 & Kennett, 2016, 1). Others, more cynically, believe that the increased emphasis is simply a way for the government to balance the budget (Moore & Brookes, 2018, 32) and ease the pressure on a post-LAPSO judicial system that is crumbling from overuse (Stylianou, 2017, 445).

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Is the nature of Family Law about legal disputes or relationship problems?
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John R Quinn & Co. Family Lawyers
Level 12, 60 Park Street
Sydney NSW 2000

The closest train stations are Town Hall, taking the Park Street exit, or St James Station, taking the Elizabeth Street exit. John R Quinn & Co. is on the corner of Park and Elizabeth.

Best parking is in the Domain parking station. Take the moving footway and cross Hyde Park to reach our offices.

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(+61 2) 9283 3344
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9283 3366

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