The central focus would be to divert people away from the litigation route, or, as a minimum, ensure they do not take the litigation pathway unless they are fully informed about issues such as costs, delays and possible outcomes. If litigation seems to be the only way to resolve an issue then the role of the gatekeeper may be to advise on the litigation options, the processes required, any hurdles that may be encountered, and any services which may assist the parties to navigate the litigation pathway. A useful direction that the courts themselves seem to be moving towards, is the more active management of cases to assess those which are more appropriate to refer to PDR Post settlement counselling The Family Court of Australia has been at the forefront of developing a system of PDR within a court setting. Clearly, it is important that services are available at all stages to assist not only those seeking to rebuild their relationship but also those seeking to resolve on-going problems resulting from the relationship breakdown. One important area where more needs to be done is the post settlement phase .As has frequently been mentioned, family law disputes unlike other areas of the law, have the potential to generate on-going problems, particularly when children are involved.
Parties frequently seek recourse to the courts when changes occur in their individual circumstances.
Often the issues that come back to court do not require court resources and fail the test of proportionality. Contraventions of orders are common place, and access to the courts often proves difficult in such circumstances. Under existing arrangements, if a court order is breached then the person seeking to have the order enforced must make an application to the court, which is often costly and time consuming. The Federal Magistrates Service considers more should be done, particularly in regard to parenting orders, to ensure parents are fully informed of their responsibilities under any order made, the services that are available to improve communication between the parties and their children and the ways that parents can work together without court intervention to work within the framework of a court order. The Bill establishes a three tiered compliance regime.