By CAMERON LUCADOU-WELLS
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A TRIAL project at Dandenong Federal Magistrates Court has led to family legal disputes being settled more cheaply and more quickly.
A review of The Dandenong Project for the court states that the Dandenong registry’s ‘kiosk’ system, adopted in 2010, has referred more cases for out-of-court resolution.
The review stated that there was a 38 percent drop in legal aid funding required for court cases such as divorce, property settlements and child custody battles. It also stated that unrepresented clients were at less disadvantage under the system.
However, workloads for magistrates had risen to “unsustainable” levels – each overseeing 4.8 cases a day”. The national average for federal magistrates is 3.7 filings.
Prior to the project, the court had long been threatened with closure. Part of the problem was that 15 magistrates were rotated through the registry – the equivalent of 1.9 full-time magistrates. It was common for different judges to sit on the same case.
Under the project, the court assigned a full-time magistrate, two part-time magistrates and three rotating magistrates, with each court case overseen by a single judge.
Law Institute of Victoria president Michael Holcroft said the project showed the value of investing in more magistrates.
“It highlights the need for governments to properly fund the courts. If you put in more magistrates, you get through more cases. The concern we have is that Commonwealth funding could be reduced and it could go back to the way it was.”
He said legal aid funding for family disputes was under “severe threat”. “There’s no commitment to increasing legal aid. What we’re hearing is that the push is to cut spending.”
A spokesman for federal Attorney-General Nicola Roxon said a decision had not been made on “implementation arrangements” for the Dandenong registry.
