Less adversarial trial procedures

Note that this guidance note does not apply to family law proceedings in Western Australia.

Part VII Div 12A of the Family Law Act 1975 (Cth) (FLA) sets out the principles for conducting child related proceedings.

These procedures are known as the “less adversarial trial” or LAT, process which is followed in the Family Court. The essential principles of the LAT process are:

• • the court is to consider the needs of the child and the impact that the proceedings may have on the child;
• • the court is to actively direct, control and manage the conduct of the proceedings;
• • the proceedings are to be conducted in a way that will safeguard the child and the parents against family violence;
• • the proceedings are to be conducted in a way that will promote co-operative and child focused parenting; and
• • the proceedings are to be conducted without undue delay and with as little formality as possible.

The LAT process can involve a significant departure from the “normal procedure” followed in courts and care must be taken to understand and comply with the court’s requirements.

See Less adversarial trial procedures.