Speed up your settlement
“Our motto of Don’t hesitate, litigate" may sound confronting to some, however, there is a reason for it.
We made an application to the Federal Circuit Court in a family law children’s matter in August 2018. We have just received a trial date of March 2020. This means that it is taking litigants approximately 1.5 years to go through the court system from the start of an application to the final hearing of the application. In addition, if there is no settlement between the parties (i.e. the parties cannot come to an agreement on the issues in dispute) prior to the final hearing, then the Judge will hear the applications and make Orders in respect to the applications. The average time for a decision to be handed down to the parties by a Judge is between 6 to 8 months from the last day of the final hearing.
Too many clients spend too much time and money writing letters backwards and forwards, hoping that the other party will agree to an out-of-court settlement without issuing court proceedings. But if you don’t make the application to the Court and start the process and time running sooner rather than later, you may have spent months arguing with the other party about the matter without any progress and may eventually have to make an application to the court any way. By the time this happens, you may have spent 2 to 2.5 years of your life in a dispute with your former spouse/partner!
So don’t hesitate to make the application to the court early in the dispute – it may well assist you in resolving the dispute sooner.”
This article provides information that is general in nature and is not a substitute for legal advice.