Amy Scollan discusses the arbitrating costs of provision applications in the Financial Remedies Journal
Amy’s article was published in the Financial Remedies Journal, 5 December 2024, and can be seen here.
Amy Scollan, Partner in our Family & Relationships department, and Mariko Wilson and James Pirrie (Family Law in Partnership) explore the challenges concerning costs provision applications, legal funding between parties and delays in court processes.
They highlight the persistent issue in family law where one party often lacks the financial means to access legal advice, creating an imbalance in negotiations or litigation. Without intervention, this disparity undermines fairness and can prevent equitable outcomes in family proceedings.
Amy, Mariko and James propose arbitration as a practical solution for resolving costs provision applications those requests for one party to fund the other’s legal fees. Arbitration offers a faster, more flexible alternative to court, helping to address delays and inefficiencies in the current system. It allows parties to secure timely decisions on funding, which in turn supports more balanced and informed negotiations.
While not a sweeping reform, the authors view this approach as a meaningful step toward improving access to justice in family law. By embracing arbitration for specific issues like legal funding, practitioners can help create a more responsive and equitable environment for separating families.
Read the full article on the Financial Remedies Journal website [external link].