Lighthouse Project

In 2021, the Federal Circuit and Family Court of Australia (the court) introduced a trial of the Lighthouse Project to make the family law system more responsive to the reality of family violence. The existence of the project is an important signal to individuals involved in the family law system that the court takes family violence very seriously. At a practical level, the program aims to identify cases that involve risk to participants at the earliest possible time and ensure that case management decisions are made with an awareness of this risk. This triage system is designed to reduce delays, enhance family safety, and ensure appropriate resources and support for families most at risk. This article looks at the nature of the court’s Lighthouse Project.

Origin of the Lighthouse Project

According to the Australian Institute of Health and Welfare, intimate partner violence is the foremost cause of illness, injury and death for women aged 25-44, but family violence also impacts other individuals. People of all gender identities, and partners in all types of relationships, can be victims of family violence. Moreover, around 10% of homicide victims in this country are children under the age of 17 and the majority of these young people are killed by a parent. Family breakdown is a known trigger of escalation when it comes to abuse in the family, and there is growing recognition of the need to closely monitor and intervene in court cases where there is a history or risk of family violence.

The major risk management strategy used in the Lighthouse Project is the screening of family law matters to identify cases with a heightened risk of family violence. Once these cases are identified, court officers can more effectively direct the parties to appropriate support. The Lighthouse Project introduced the following process initiatives to the court:

Screening

When parties first file a parenting order application with the court, or file a response to an application, they are asked to indicate if there is a risk of family violence in the case. 

Triaging

A specialist team of family counsellors assess the case and implement safety measures (such as providing an escort to vulnerable individuals inside the court) and refer the parties to appropriate services. When appropriate, the team will offer family counselling appointments to better assess the family’s needs and necessary safety measures.

Case Management

Each case is assessed by a team of court professionals (composed of registrars, support staff and family consultants) with expertise in the management of family violence and safety risks. The team designs a case management pathway, with the most high-risk cases referred to a specialist court list called the Evatt List. A judge-led support team manages each case on this list, concentrating on early intervention and information gathering to provide immediate support and safer outcomes.

Rollout of the Lighthouse Project

The pilot program for the Lighthouse Project was launched in the Adelaide, Brisbane and Parramatta Registries of the court. When a party files for Parenting Orders (either an Application or Response) with the court, they are asked to complete a confidential questionnaire on the Family DOORS Triage. The questions relate to a variety of risks, such as family violence, self-harm, substance abuse and child abuse. The information provided in these questionnaires are only used for risk assessment and to better tailor case management. At this point, the parties can also be directed towards support services, such as police and child welfare authorities. The court is then better able to conduct proceedings in a way that ensures the safety of all parties.

High-Risk Matters

The court aims to finalise high-risk parenting matters within 9 to 12 months. When a case is on the high risk Evatt List, the court can make parenting orders based on the independent family assessment of a court Child Expert before the matter even proceeds to a first court hearing. This allows for arrangements to be made without delay to ensure the safety of children behind closed doors. Also, the court can immediately appoint an Independent Children’s Lawyer to represent the child’s best interests.

Low-Risk Matters

The screening facility can also benefit parties when there is a low risk of family violence, as it helps to identify cases that are suitable for alternative dispute resolution. By directing these cases to alternative proceedings at an early point, parties can hopefully incur fewer legal fees and resolve their matter without delay.

The Lighthouse Project’s focus on risk management is a positive step towards ensuring the safety of parties in family law proceedings. With an emphasis on screening and identifying potential risk, it aims to help everyone navigate the family law system more safely and allows high risk cases to be handled in a manner that minimises risk. For any advice on divorce proceedings or the Lighthouse Project, contact the family law team at Go To Court Lawyers on 1300 636 846.