There are many family law cases involving allegations of risk and/or family violence.
The degree of risk varies between families. It is important that cases involving a high level of risk are identified and appropriately case managed to ensure the safety and wellbeing of the families involved.
The Evatt List is a specialist list for cases listed in the Federal Circuit and Family Court of Australia (FCFCOA) which have been identified as high risk. It is a case management pathway that responds to the needs of the family as efficiently and effectively as possible and to minimise risk of further harm.
The Evatt List is case managed by a team of dedicated Senior Judicial Registrars, Judicial Registrars, Court Child Experts and court staff who have specialised knowledge and training as well as access to appropriate resources to support and manage vulnerable families.
To be eligible for placement on the Evatt List:
- The case must involve a parenting dispute.
- One or more of the parties must have completed an online questionnaire known as Family DOORS (Detection of Overall Risk Screen) (questionnaire). The Court will send the questionnaire to the parties shortly after their court documents are filed.
- The case has been reviewed by a Triage Counsellor and considered ‘high risk’.
The Family DOORS questionnaire focuses on how a person feels as opposed to the details of a particular alleged incident. Whether a person has undertaken the questionnaire, their responses to the questionnaire and any resulting documents and/or referrals are confidential and inadmissible in court proceedings. This ensures those completing the questionnaire can provide information safely and free from fear of being subjected to cross-examination about their responses
In addition to the Evatt List, the Court maintains the Critical Incident List and the Magellan List which similarly triage cases that are filed in the FCFCOA.
Risk and family violence are complex issues which require considered legal advice. If you are separated (or considering separating) and need advice about these issues, please contact us on 03 8672 5222 to arrange an appointment with one of our expert family lawyers.
