Family Law Lighthouse Project

Action Against Family Violence

The Lighthouse Project is a 3 year pilot that commenced in the Federal Circuit Court of Australia on 7 December 2020 in Adelaide, and in Brisbane and Parramatta on 11 January 2021. It is designed to assist the Court better respond to cases which may involve family violence, by shaping the allocation of resources and urgency given to such cases.

It is a three part process:

1.     Screening 

When an Application or Response for parenting only orders is filed at one of the three pilot registries, parties are asked to complete a questionnaire via a confidential online platform known as Family DOORS Triage.  It generally takes 10 or so minutes to complete the questionnaire – the questions simply require a ‘yes’ or ‘no’ response. 

Parties are not able to see each other’s answers. A party cannot be asked to disclose whether or not they undertook risk screening. The risk screen responses, classification and referrals as a result of the screening process cannot be used as evidence in the proceedings. Information shared or provided by a party to a family counsellor in the course of conducting risk screening cannot be disclosed, or used as evidence.

The confidentiality and inadmissible provisions in sections 10U and 10V Family Law Act 1975 are intended to ensure that a family safety risk screening person cannot be compelled to disclose risk screening information, including to state or territory agencies, or in the context of proceedings in state or territory courts or tribunals. These provisions ensure that parties are able to freely and confidently participate in the family safety risk screening process, without fear that the information they provide may be used against them in other contexts. Exceptions to disclosure are contained in s 10U(6) of the Family Law Act.

2.     Triage 

A specialist team, comprising of Registrars, family counsellors and support staff then assess levels of risk.

3.     Case management 

If a case is assessed as a ‘green’ case, it may be referred to Court-ordered Family Dispute Resolution to resolve or narrow the issues in dispute, where appropriate.

If a case is assessed as an ‘amber’ case, the parties are offered safety planning and service referrals. These cases are considered for a range of case management options, based on the individual needs of the case.

If a case is assessed as a ‘red’ case, it will be referred to a family counsellor for immediate action. The family counsellor will then provide a tailored, clinical follow up which includes a detailed risk assessment, safety and wellbeing plans and service referrals. This process is confidential.  ‘Red’ cases might also be referred to a Registrar for consideration for inclusion in the Evatt List. The Evatt List focuses on early information gathering and intervention, and intensive case management through a Judge-led support team. 

In broad terms, a matter in the Evatt List will progress through the system as follows:

A.      Within 3 to 5 days of the initial screening, a Registrar will review the case to confirm that it is appropriate for the Evatt List and order a report from a Family Consultant.

B.      Within 8 to 12 weeks, the Judge or Senior Registrar will address any urgent issues and decide what further information and evidence needs to be gathered so that the case is ready to proceed to a trial. 

C.      Within 3 to 6 months, a plan and directions will be made to proceed to trial. This may include an order for a specialised report or Family Dispute Resolution, if it is safe to do so.

 D.      Within 6 to 9 months, a Registrar will check that the evidence, any reports or other information is filed and ready for the trial. If the case is ready, it will be referred to the Judge.

E.       Within 9 to 12 months, the matter will go to trial before an Evatt List Judge.

 At Pearson Emerson, our family lawyers are expert in guiding clients along the pathway from family violence, with empathy and support. Please contact us to discuss your matter.