ABSTRACT
The Family Court of Australia was established in 1975 with ideals similar to those of the US unified family courts, and its own counselling and welfare service. For various reasons, including a perceived need to simplify court procedures, this was supplemented in 2000 by the Federal Magistrates’ Court which deals with many family cases. The government responded cautiously, agreeing to set up an interim board ‘in advance of any wider structural reform’ but no serious structural change has occurred. The settlement approach was given special prominence, and perhaps a commercial ‘brand’, in the US in the development of ‘collaborative law’ during the 1990s. This involves commitment to seeking resolution without resort to court-processes through ‘four-way’ meetings between the parties and their lawyers, with an undertaking that both lawyers will withdraw should either client abandon the process and proceed to court.
