The Family Law Act requires that, in most cases, before a person applies to the court for a parenting order, they must attend family dispute resolution. The Legal Services Commission provides one type of family dispute resolution where the parties may be legally assisted. This is known as Family Law Conferencing.
A Family Law Conference at the FDR Unit is a safe, cooperative, confidential and independent dispute resolution process that helps families reach agreement about children or property following the end of a relationship through the assistance of an accredited Family Dispute Resolution Practitioner (called a ‘Chairperson’). Chairpersons are neutral, highly trained, experienced and have a background in family law.
Family Law Conferencing is often a quicker and less stressful way to resolve issues without having to go to court. The FDR Unit has a high success rate in assisting families reach agreements by way of Family Law Conferencing. Conferencing at the Legal Services Commission is different to other Family Dispute Resolution services in the community because parties are able to attend the Conference facilitated by the Chairperson with their lawyers.
If you have received an invitation to participate in Family Law Conferencing, our FDR Guide for the Invited Party Factsheet will help you understand the process.
Family Law Conferences at the FDR Unit deal with disputes relating to both parenting issues and property settlement following separation.
For instance, common issues raised at a Conference regarding parenting issues include where children will live after separation, how much time children spend with each parent, and how parents communicate with each other.
The FDR Unit can help with issues such as adult child maintenance and Child Support.
The FDR Unit also holds Conferences where there is a dispute in relation to property settlement matters. The process allows parties who are eligible for legal aid to discuss and negotiate how the asset pool should be divided after separation. For more information about property settlement FDR, see our Property Dispute Resolution Conferencing Brochure.
The FDR Unit can also host Conferences for parties who have a grant of Legal Aid where the family law matter is already in court. The Adelaide Registry of the Federal Circuit and Family Court of Australia refers matters to the Legal Services FDR Unit to hold a Family Law Conference to try to resolve issues and reduce parties’ time in the Court system.
Conferencing can involve the children's parents, grandparents, other extended family or anyone who has a connection with the children and their welfare. Parties involved in a Conference can be legally represented. An Independent Children's Lawyer can also attend a Conference (if the Court has appointed one).
To be eligible for Conferencing, at least one of the parties involved in the dispute must have a current grant of Legal Aid for FDR. Any person applying for Legal Aid must satisfy the means (income and assets) and merits tests and the guidelines.
It is not compulsory for the other party to have a lawyer at a Conference. The other party can be represented by a Legal Aid lawyer (if they qualify), a private lawyer or attend self-represented.
If a party has a grant of Legal Aid then they will have to pay a small contribution towards their legal fees. The amount depends on their financial circumstances.
If the party has Legal Aid and they own real estate and the legal fees exceed the Legal Aid limit, then Legal Services can register a charge over the property (statutory charge) and require repayment of the amount of legal costs when the property is sold or if the person refinances.
A party who is not eligible for Legal Aid must pay their own solicitor costs to attend the Conference.
Once one party has Legal Aid for a Conference, the law requires the FDR Unit to screen and assess suitability for Conferencing. The FDR Unit will assess if a matter is appropriate for Conferencing by ensuring it is safe to participate. As the FDR Unit ensures the security of all parties, it is still possible to hold a Conference when there are issues such as family violence (for instance, if an intervention order is in place), drug use or mental health concerns, provided it is assessed as safe to do so. The FDR Organiser will ask you to provide documents such as bail agreements, existing court orders and intervention orders to help them assess the situation. The FDR Unit will advise if a matter is not considered appropriate for a Conference.
The FDR Organiser will contact you and your lawyer (if you have one) and the other party and their lawyer (if they have one) to find a date suitable for everyone involved once the matter it is assessed as appropriate to proceed to a Conference.
Conferences are held 5 days a week for 3 hours over 2 sessions per day either at 9:30am - 12:30pm or 1:30pm - 4:30pm. A Review Conference will be organised for 2 hours.
The FDR Unit has many Conferences to organise. It may take to 6 - 8 weeks to organise a Conference once it is assessed as suitable.
The FDR Unit holds Family Dispute Resolution Conferences in person, via telephone, or, in some cases, online (via Microsoft Teams). The FDR Unit will confirm what type of Conference will be held when it is arranged.
If the Conference is held in person, most Conferences are conducted by ‘shuttle’, where parties are in separate rooms and the Chairperson speaks with each party separately. Parties are asked to come to a Conference using separate entrances.
If the Conference is by phone, the Chairperson will call the parties or their lawyers separately. For information about attending a conference via telephone, please read our Family Law Telephone Conferences Factsheet.
If the Conference is held online, a link for MS Teams will be provided and the Chairperson will speak with everyone online in separate 'virtual' rooms. For information about attending a conference online via MS Teams, please read our FDR Conferences by Teams Factsheet.
If you have a lawyer, you do not need to bring anyone else with you to a Conference. However, if you have concerns about your safety or wellbeing at a Conference, in addition to your lawyer, you may have one other support person attend with you, such as a family member, close friend or other support worker. For more information, please refer to our Support Persons in FDR brochure.
At a Conference, the Chairperson will speak with the parties separately. The Chairperson ensures both parties understand the obligations of participating in Conferencing at the Legal Services Commission, such as confidentiality. The Chairperson will then facilitate a discussion about the issues at hand with the parties and their lawyers (if they are represented).
In some parenting matters, parties attending a Conference may benefit from hearing the views of the children. The FDR Unit's Child Focused Consultant program allows parents to hear feedback from their children through an independent Child Consultant during the FDR process. For more information, read our Child Focused Consultant Program factsheet.
During a Conference, if parties cannot reach agreement, the Chairperson will discuss the next steps, including what may be involved in proceeding to Court.
In some cases, a Review Conference can be scheduled in the future to review how any agreed arrangements are working.
If an agreement is reached at the Conference, it will be recorded in writing by a lawyer in a Heads of Agreement or Draft Minutes of Consent Order and a signed copy provided to all parties at the end of the Conference.
For more information, see our Family Law Conferencing Brochure, speak to your lawyer or contact the FDR Unit.
Call (08) 8111 5534
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