What Is the Less Adversarial Approach in Family Law?
If you are involved in a family law matter in Brisbane and wondering, “What is the less adversarial approach in family law?”, it is a way the court manages cases so they feel more solution-focused and less like a fight.
Instead of treating your matter as a win–lose battle, the court takes a more active, guided role and encourages cooperation, especially when children are involved.
In traditional court proceedings, each side prepares to “prove” their case and challenge the other. The less adversarial approach moves away from that model.
In the Federal Circuit and Family Court of Australia (including the Brisbane registry), this approach means the judge:
- Actively manages the case from an early stage
- Helps identify the real issues that need to be resolved
- Encourages both sides to focus on solutions rather than blame
You and the other party will still have disagreements, but the process is designed to reduce formalities and stress so you can concentrate on outcomes that work for your family.
Key takeaway: Under the less adversarial approach, the judge is more hands-on, guiding the process to keep it focused on resolving issues instead of escalating conflict.
When Does the Less Adversarial Approach Apply?
In Brisbane, the less adversarial approach is used differently depending on the type of case you have.
Parenting matters
If your matter involves children – for example, who they live with, how they spend time with each parent, or major long-term decisions – the less adversarial approach now applies as the default. From the start of your parenting case, the court will use procedures designed to:
- Prioritise your child’s best interests
- Reduce delay and unnecessary hearings
- Encourage early, child-focused resolution
Property and financial matters
For disputes about property settlement, spousal maintenance, or purely financial issues, the less adversarial approach is not automatic. It can still be used where:
- Both you and the other party agree to use it, or
- The court decides it is appropriate in your circumstances
This gives you some flexibility in how your matter is run, even when there are no children involved.
Key takeaway: Parenting cases in Brisbane are managed using the less adversarial model by default, while property and financial disputes can adopt it if both parties or the court support that approach.
How Is It Different From a Traditional Hearing?
Compared with a more formal, adversarial hearing, the less adversarial approach changes the way your matter is run.
You may notice:
- More active judges: The judge asks more questions, narrows the issues, and may set the agenda for what needs to be discussed.
- Plainer language: There is less focus on technical legal jargon and more emphasis on making sure you understand what is happening.
- Greater flexibility with evidence: The court can relax some of the usual evidence rules, so it is easier for you to tell your story and present relevant information.
- Direct input from you: You may have more opportunities to speak directly with the court, rather than everything going through your lawyer.
- Use of technology: Hearings may be conducted by phone or video link in suitable cases, which can be especially helpful where there are safety concerns or long distances involved.
All of this is aimed at making the process more accessible and focused on solutions rather than procedure for its own sake.
Key takeaway: The less adversarial approach streamlines the process, using flexible evidence rules and more direct input so you can focus on the issues that really matter.
Why It Helps in Cases Involving Family Violence
If your case involves family violence – or the court is concerned about safety – the less adversarial approach can be particularly supportive.
In these situations, the court can:
- Arrange separate waiting areas or safe entry and exit points
- Allow you to appear by phone or video, so you do not have to share a courtroom space with the other party
- Receive information about family violence that might not fit neatly within strict evidence rules
- Manage the hearing in a way that reduces opportunities for intimidation or confrontation
This approach is designed to help you participate as safely as possible, and to make sure the impact of family violence is properly considered when decisions are made about parenting and, in some cases, property.
Key takeaway: If family violence is an issue, the less adversarial approach allows the court to structure the process to minimise contact, maximise safety, and ensure your experience is taken into account.
What You Can Expect in Practice
If your Brisbane matter is run using a less adversarial approach, you can generally expect:
- A more focused, structured series of events, rather than repeated, unfocused appearances
- Less time spent on procedural technicalities and more on practical outcomes
- Strong emphasis on your child’s best interests in parenting matters
- Ongoing encouragement to negotiate and resolve issues early, rather than automatically heading to a long trial
You may still experience disagreement and some stressful moments – family law is rarely easy – but the overall process is designed to reduce the emotional and financial toll where possible.
Key takeaway: In practice, the less adversarial approach usually means a more streamlined, child-focused, resolution-driven pathway through the Brisbane family law system.
