How long does a family provision case take?
Because Family Provision Claims are ordered to undergo compulsory mediation it does not take years to have these claims settled. Usually, a mediation occurs within six to nine months of starting the case by filing the necessary documents in Court.
The Court now conducts a process called ‘case management’ which is aimed at promptly advancing these types of claims so that they do not take years to go through Court. As part of ‘case management’ the solicitors attend special hearings called ‘directions hearings’ where a Court Registrar makes sure there is a timetable in place that pushes the case towards mediation. If one side falls behind or starts to delay the case the other side can apply to the Registrar to have this fixed and get the case back on track.
In an effort to save costs and operate more efficiently, solicitors can now access an ‘online Court forum’ where an agreed timetable can be set in place via the internet. This saves the cost of a solicitor, or their agent, having to attend the ‘directions hearings’ which are usually held at the Supreme Court Building in Sydney.