What Is the Less Adversarial Approach in Family Law?

If you are involved in a family law matter in the south of Brisbane and wondering, “What is the less adversarial approach in family law?”, it is a way of running cases that aims to be more problem solving and less like a courtroom battle.

Instead of treating your matter as one person winning and the other losing, the court takes a more active, structured role and encourages cooperation, particularly where children are involved.

Key takeaway: The less adversarial approach is a style of court process that focuses on practical, solution focused outcomes rather than arguments and point scoring.

What Is the Less Adversarial Approach in Family Law?

In a traditional court process, each side prepares to argue their case as strongly as possible and challenge the other party at every step. 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 will:

• Take an active role in managing the case from an early stage
• Help identify the real issues that actually need to be resolved
• Encourage everyone to focus on outcomes and arrangements that work, rather than blame

You and the other party will still have disagreements, but the process is designed to reduce formality and stress so you can concentrate on resolving problems for your family, not just “winning” arguments.

Key takeaway: Under the less adversarial approach, the judge is more hands on and guides the process to keep it focused on resolving issues instead of escalating conflict.

When Does the Less Adversarial Approach Apply?

In Brisbane and the surrounding southside suburbs, the less adversarial approach is used differently depending on the type of case.

Parenting matters

If your case involves children, such as:

• Where they live
• How much time they spend with each parent
• How major long term decisions are made

the less adversarial approach is now the default. From the beginning of your parenting case, the court will generally use procedures that aim to:

• Prioritise the best interests of your child or children
• Reduce unnecessary delay and repeated hearings
• Encourage early, child focused resolution wherever possible

Property and financial matters

For disputes that are mainly about property settlement, spousal maintenance, or other financial issues, the less adversarial approach is not automatic. It can still be used where:

• Both you and the other party agree to follow that process, or
• The court considers it appropriate in your situation

This gives you some flexibility in how your property or financial case is managed, even if there are no parenting issues.

Key takeaway: Parenting cases are usually managed using the less adversarial model from the start, while property and financial matters can adopt it if both parties or the court support that approach.

How Is It Different From a Traditional Hearing?

Compared with the more formal, adversarial style of hearing, the less adversarial approach changes how your matter is run and how you engage with the court.

You may notice:

• More active judges: The judge will ask more questions, narrow down the issues, and set the agenda for what needs to be discussed.
• Clearer language: There is less emphasis on technical legal jargon and more focus on making sure you understand what is happening.
• More flexible evidence: The court can relax some of the usual rules of evidence so it is easier for you to explain your situation and present relevant information.
• More direct input from you: You may have more opportunities to speak directly to the court, rather than everything going through your lawyer.
• Use of technology: Some hearings may be held by phone or video link, which can be very helpful where there are safety concerns or travel difficulties.

All of this is intended to make the process more accessible and focused on resolving issues that matter to your family, rather than getting caught up in procedure.

Key takeaway: The less adversarial approach streamlines the process, uses more flexible evidence rules, and gives you more direct involvement so the focus stays on the real issues, not technicalities.