The Evatt list is a specialist list in the Federal Circuit and Family Court of Australia that has been implemented to provide specialised support and management from the Court in matters involving family violence. The purpose of the Evatt list is to provide parties who are in vulnerable situations with limited resources to allow their matter to be heard in a timely manner, and decided by specially trained registrars and judges. Matters that are involved in the Evatt list only include those that involve applications relating to children, and not matters involving only property or child support.
Parties do not make applications to be placed in the Evatt list. When a party files an Initiating Application they will receive an email from the Court asking them to complete an optional questionnaire. Upon completion of that questionnaire the Court will triage the matter. Similarly, when filing a Response to Initiating Application, the responding party will also receive a similar questionnaire.
All information that is provided to the Court in response to the questionnaire is confidential. This means that it cannot be subpoenaed or used as evidence during Court proceedings. The questionnaire is a screening tool for the Court to determine whether or not a matter is appropriate to be transferred into this list. Neither party will be advised as to who completed the questionnaire, or why their matter has been deemed suitable to be transferred into the Evatt list.
The Court will usually make a decision to transfer a matter into the Evatt list prior to the first Court date. If the Court makes the decision to transfer the matter into the Evatt list you will receive an email from the Court notifying you that you have been transferred into the list, and Orders will be made in chambers (meaning you do not need to attend Court for those Orders to be made).
These Orders may include requiring police or a child welfare authority to produce documents to the Court pursuant to section 67ZBE of the Family Law Act in relation to the parties and children and any family violence incidences. The Orders may also result in your matter being listed earlier than your original Court date. In terms of more available resources, those matters that are in the Evatt list can receive Child Impact Report interview dates more quickly in some circumstances. Matters in the Evatt list will often be case managed very carefully by the Court. This can mean multiple appearances before a Registrar to ensure compliance with Orders, and to ensure the matter is meaningfully progressing.
Your matter being transferred into this list does not mean that the Court has accepted either party’s allegations of family violence. Rather, the list allows for appropriate case management in matters where family violence has been alleged. The Court is still required to decide matters in the same manner as any other matter involving children.
If your matter has been transferred into the Evatt list, or you would like more information about the Evatt list, please contact Robinson + McGuinness, top Family Law today to arrange an appointment on (02) 6225 7040, by email on info@rmfamilylaw.com.au or get started now online with one of our experienced lawyers.