Being organised from the outset can make a meaningful difference. Filing your documents on time, ensuring everything is complete and accurate, and attending hearings punctually are all important steps. However, there is also a legal mechanism specifically designed to help parties who need their case resolved more quickly. This process is known as an “expedition.”
Expedited Hearings in the Family Court
To expedite a case means to move it ahead of others in the queue so it can be heard sooner. An expedited hearing is not available in every situation; instead, it is usually granted where the existing circumstances are causing harm or hardship, particularly to a child.
Applicants must file a request with the court, setting out why their matter should be prioritised. Although there are no strict legislative criteria that must be satisfied, the court will weigh several considerations before deciding. This process can be complex, and many families choose to work with professionals who understand both the procedure and the importance of timely outcomes, such as those offering family law mediation in Sydney. Mediation often helps parties resolve disputes more quickly, avoiding the need for prolonged litigation.
Family Law Rules 2004 – Rule 12.10A
The rules guiding expedition applications are found in the Family Law Rules 2004. Under Rule 12.10A, the court considers several factors when deciding whether to grant expedition. These include whether the applicant has acted reasonably throughout the case, whether the application was lodged promptly, any disadvantage to the other party, and whether the situation presents circumstances that justify priority over other cases.
Relevant circumstances can involve health issues affecting a party or witness, family violence or harassment, financial hardship, or harm caused by ongoing interim orders. The court may also grant expedition where delay could result in the purpose of the case being lost or where it could cause significant psychological or emotional trauma to a child.
This broad discretion allows the court to respond to individual circumstances, but it also means each application must be supported with clear evidence and strong arguments. Legal guidance from firms such as Melrose Keys Lawyers in Brisbane can help applicants prepare compelling submissions tailored to their unique situation.
The Sandwell & Sandwell Case
A useful example is the case of Sandwell & Sandwell (2018), heard by the Family Court in Sydney. The parents, who had separated the previous year, had two young children. Following a series of interim orders, the father applied to expedite an appeal, arguing that the most recent orders were negatively affecting the children—particularly the older child, who had been forced to adjust to a new primary carer.
The court carefully examined the Family Law Rules and considered whether prioritising this matter would unfairly disadvantage others. Ultimately, it was determined that the emotional and psychological wellbeing of the older child outweighed the potential detriment to other cases. The judge ruled in favour of expedition, ordering that the appeal be heard more quickly.
This case highlights how the courts assess expedition applications, balancing the urgency of individual circumstances with the need to manage a crowded list of matters. It also illustrates the type of evidence and arguments that can persuade the court to grant priority.
Moving Forward with Confidence
While it is not possible to guarantee that your case will be expedited, there are clear steps you can take to minimise delays and present the strongest case possible if you need to request priority. Being prepared, seeking timely legal advice, and considering options such as mediation can help you move forward with greater clarity and confidence.
Family law disputes are stressful, but understanding how the system works—and how the courts approach expedition—can make the process less overwhelming. Whether you are facing issues involving children, property, or urgent interim orders, professional guidance ensures you do not face the system alone.
About the Author
Jeryl Damluan is an SEO Specialist and Virtual Assistant with a focus on creating engaging, well-structured content in the legal and professional services niche. She helps law firms and businesses grow their online presence through strategic content development and search engine optimisation.
