Under the Family Law A change made to a legal document or Act of parliament. (Shared Parental Responsibility) A written law made by parliament. Also called an ‘Act of parliament’, ‘statute’ or legislation. 2006 (Cth), family dispute resolution (FDR) must occur before filing a An independent body that hears legal claims brought by parties and decides between them. Serious cases are heard by a judge and jury, or just a judge. Less-serious cases are heard by a magistrate. application. The object of this is to compel people to visit a FDR practitioner (previously called a counsellor or mediator) and make a genuine effort to resolve their dispute. A certificate is provided after the FDR process is complete.
Exception for violence or abuse: The requirement to attend FDR before filing a court application does not apply where there are allegations of child abuse or family violence. (For more information, see Chapter 4.4: Family violence.)
A list of agencies that provide FDR is provided at the end of this chapter (see ‘Contacts’ at the end of this chapter).
Counselling for parties in disputes over children is nearly always ordered as a first step.
Similarly, a A form of alternative dispute resolution. The parties negotiate with the help of an independent person called a conciliator. The aim is to sort out the dispute by mutual agreement, rather than having a decision made by a court or tribunal. See also arbitration; mediation; negotiation. conference with a The officer in charge of the administrative section of a court, which is known as the registry. See also prothonotary. of the court or by a private mediator (depending on the value of the property in dispute) is normally a Required by law to be done; a law that must be strictly complied with. Under mandatory reporting, people in particular jobs to tell a government agency if they know an offence is being committed – for example, doctors and teachers must report child abuse. Mandatory sentencing requires judges to give an automatic jail term for certain offences. step in pursuing a property application. However, where parties cannot resolve their dispute, following the attempted conciliation, it A document that sets out what a person wants to happen to their money and other property after they die. progress through the lists of the court to a final contested The time and place at which a court or tribunal hears the parties argue their case and makes a decision. in front of a judge.