ABSTRACT
The Australian Government's Productivity Commission has identified problems with the adversarial system stating: The ways in which parties interact with each other and with courts and tribunals also needs to change. The adversarial behaviour of parties and their lawyers can hinder the resolution of disputes or even exacerbate them. This chapter examines through a case study approach, some recent royal commissions in Australia, the family court, and cases dealing with sexual abuse by the Catholic Church. Each example highlights the problems for complainants and other parties within the adversarial system. Family law matters are currently dealt with in an adversarial context in Australia, the United Kingdom, Canada and many other jurisdictions. Although some alternative dispute resolution processes exist as adjuncts to family court proceedings, family law is still centred on an adversarial system. There are compelling imperatives to look beyond adversarial court mechanisms given the highly emotional and sometimes volatile nature of family law.
