Case Study
Case Study: Overcoming Obstruction and Family Violence in Complex Family Law Cases
I was involved in a matter before the Federal Circuit and Family Court of Australia (FCFCOA) that spanned eight years.
During the course of the proceedings, the file was transferred between multiple solicitors and law firms before ultimately coming under my management. The case presented significant challenges, primarily due to the conduct of the opposing party, who persistently sought to frustrate the proceedings by concealing or dissipating matrimonial assets and providing false information to both the police and the Court, including through sworn affidavits.
Our client, who was a victim of family violence—predominantly financial, sexual, and emotional—was understandably fatigued by the protracted litigation. The client perceived that the other party was utilising the legal process as a means of perpetuating abuse. In addition to the difficulties arising from the other party’s non-compliance and obstructive behaviour, I was further constrained by the client’s limited financial resources, which restricted the extent of work that could be undertaken to pursue the optimal outcome. Moreover, there were notable deficiencies in the management of the file prior to my involvement, which required rectification.
Our client, who was a victim of family violence—predominantly financial, sexual, and emotional—was understandably fatigued by the protracted litigation. The client perceived that the other party was utilising the legal process as a means of perpetuating abuse. In addition to the difficulties arising from the other party’s non-compliance and obstructive behaviour, I was further constrained by the client’s limited financial resources, which restricted the extent of work that could be undertaken to pursue the optimal outcome. Moreover, there were notable deficiencies in the management of the file prior to my involvement, which required rectification.
Throughout the proceedings, both our client and our office were required to exercise considerable patience. Ultimately, through the meticulous preparation of trial materials and with the assistance of two highly competent and pragmatic counsel, we were able to achieve a final resolution the day before trial was due to commence. The outcome was more favourable than what could reasonably have been expected had the matter proceeded to trial, and it was achieved without incurring further delay or significant additional costs, which the client was not in a position to bear.
Key Takeaways
- The client retained control over the outcome, rather than leaving the decision to the Court.
- The client would not have to wait up to 12 months for a delivered judgement, meaning results were almost instant.
- The client was spared the trauma of re-living her experiences in the marriage through cross-examination.
- The settlement amount exceeded what the client would likely have achieved had the matter proceeded to trial, particularly if certain aspects of our argument were not accepted.
This matter underscored the importance of strategic negotiation, thorough preparation, and client-focused advocacy in achieving a just and pragmatic resolution in complex family law proceedings.