Published: 21 October, 2024

Practice and procedure update: Defaulters’ List to be piloted in Sydney

The Chief Justice has issued Family Law Practice Direction – Defaulters’ List.

The purpose of the Defaulters’ List is to ensure compliance with the rules of court, and any case management orders and directions made by a Registrar in family law or child support proceedings. The Defaulters’ List is intended to further the overarching purpose of family law practice and procedure.

The overarching purpose is to facilitate the just resolution of disputes:

  1. in a way that ensures the safety of families and children; and
  2. in a way that promotes the best interests of the child; and
  3. according to law; and
  4. as quickly, inexpensively and efficiently as possible.

The overarching purpose includes the following objectives:

  1. the just determination of all cases;
  2. the efficient use of the judicial and administrative resources available for the purposes of courts exercising jurisdiction in family law;
  3. the efficient disposal of the overall caseload of courts in family law;
  4. the disposal of all cases in a timely manner;
  5. the resolution of disputes at a cost that is proportionate to the importance and complexity of the matters in dispute.

A Defaulters’ List is already established as a case management mechanism in the Central Practice Direction – Family Law Case Management at paragraph 5.5.

Matters may be referred to the Defaulters’ List at any stage of the case management pathway up to the Compliance and Readiness Hearing.

The Defaulters’ List will initially be piloted in the Sydney Registry of the Courts. Lists will be presided over by Judges of each Court.