What Is the Evatt List?

When family violence or serious safety concerns are raised in family law matters, the courts take extra steps to ensure that the case is managed with care, urgency, and specialist attention. One of the ways this is done is through the Evatt List.

The Evatt List is a special case management pathway designed to help families where safety is a concern and is part of the Federal Circuit and Family Court of Australia system. It focuses on cases where there are allegations of family violence, child abuse, or other significant risks to the wellbeing of children and vulnerable parties. Matters placed on the Evatt List are handled by specially trained judicial registrars, Evatt Judicial Registrars, and Court Child Experts, who work together to ensure these sensitive proceedings are progressed in a safe, fair, and timely manner.

If you’ve recently been notified that your case has been placed on the Evatt List, or if you’re preparing to attend court and want to understand what this means, this guide, put together by our family law specialist team explains the process, what to expect, and how the courts prioritise the protection of families at risk.

How does a matter get placed on the Evatt List?

A matter may be placed on the Evatt List if, during the early stages of the court process, it becomes clear that there are significant risks involved – such as allegations of family violence, child abuse, or other safety concerns.

This usually happens after the parties complete the online risk screening questionnaire, also known as Family DOORS Triage. This confidential screening tool helps identify cases that may require additional safety measures and specialist attention. A triage counsellor reviews the screening results and, if serious risks are flagged, the case may be recommended for placement on the Evatt List.

Other ways a matter might be placed on the Evatt List include:

• Through information disclosed in an initiating application or during early court events.
• If a party brings urgent concerns to the court’s attention before the first court date.
• Based on referrals by Court Child Experts or judicial registrars who identify risks needing specialist case management.

Once a case is identified as suitable, it is assigned to the Evatt List to ensure an appropriate case management approach from the outset.

Process of an Evatt hearing

The Evatt hearing process is designed to manage high risk parenting matters carefully while still progressing the case efficiently through the court system.

Here’s what typically happens:

• The hearing is overseen by an experienced Evatt Judicial Registrar, a senior judicial registrar, or another qualified judicial officer.
• Safety measures are put in place where needed, such as remote attendance or the use of a support person when you attend court.
• Evidence about family violence, child abuse, or other risks is discussed and tested, although full cross-examination may be limited depending on the stage of proceedings.
• The court may make urgent interim orders to protect children and vulnerable parties until a final hearing can take place.
• Directions are given to make sure the case is on track – this might include ordering a family report, appointing an Independent Children’s Lawyer, or requiring parties to produce documents.

The Evatt hearing isn’t about resolving everything immediately. Instead, it’s about making sure that families at risk are protected early, and that the case follows a safe, fair, and efficient case management pathway toward a final outcome.

Possible outcomes of an Evatt hearing

After an Evatt hearing, several different outcomes are possible depending on the risks identified, the evidence available, and the needs of the family. Some of the most common outcomes include:

• Interim orders: The court may make temporary parenting orders to protect children and manage parenting arrangements until a final hearing.
• Further preparation for final hearing: Directions might be made for parties to gather more evidence, complete risk assessments, or attend additional services before the case is listed for a final trial.
• Referral to additional support services: The court may refer families to counselling, parenting programs, or other services aimed at addressing safety concerns.
• Appointment of an Independent Children’s Lawyer: If not already appointed, the court might decide that an independent voice is needed to represent the child’s best interests moving forward.
• Compliance and Readiness Hearing: Your case may be scheduled for a compliance and readiness hearing to ensure that all necessary steps have been completed before it can proceed to a final hearing.
• Resolution of urgent issues: In some cases, if the urgent matters are resolved, the court might set aside time for a final hearing or make final orders where appropriate.

Every Evatt matter is unique, but the main focus of the court remains the same: protecting families at risk, progressing cases without unnecessary delays, and ensuring the best interests of the children are front and centre.