In that time, he’s seen significant change to the family law landscape, including but not limited to the establishment of more enforceable structures for equitable support of children by their estranged parents in the 1980s, chronic underfunding of the courts that have increased pressures on the system since the 1990s, and — following the turn of the century — the introduction of a new pathway to resolving parenting issues with a more collaborative and multi-agency approach to family disputes and mediation, and bringing same-sex and de facto couples under the Family Law Act.

Why family law?

As a junior practitioner, Mr Sullivan received general training in different areas of law, he mused, but was ultimately attracted to doing family law “because of its relevance to our day-to-day lives”, he told Lawyers Weekly.

VIEW ALL

“It brings together many different areas of law, including commercial and superannuation law. Working with dysfunctional families was important to me and offered challenges. Family law’s close connection to social and political change, with the law being either a leader in the field or playing catch-up, has kept it interesting,” he said.

“The Newcastle Registry has serviced a wide regional area of NSW, and I enjoyed working with many regional lawyers doing their agency work also.”

Looking back on changes and challenges

Having operated in this space for longer than almost all family lawyers in Australia — if not all of them — Mr Sullivan is well placed to riff on the most surprising changes and greatest challenges to the law in the last 40 years.

“I don’t think I have rose-coloured glasses, but I recall the halcyon days when the Family Courts and counselling registries got a lot done within a reasonable time period. Going to court was a reasonable and cost-effective option,” he recalled.

“The pressure on the family law courts from increasing workloads and chronic underfunding, however, has been a constant issue, and the challenge has been addressing and responding to this issue. Local Court magistrates were regularly used in the 1980s to approve settlements and determine maintenance applications. Much of that workload was transferred to the specialist Family Courts.” 

Family violence, drug and alcohol abuse, and other social problems, Mr Sullivan continued, have increased the complexity of the issues needing resolution, especially in the region in which he practices.

“Delays increased costs and complexity of litigation. Changes to the pathway for resolution of parenting issues and the transfer of same-sex and de facto property settlement matters to the family courts caused a further surge in the workload for the courts in the 2000s,” he said.

“Family lawyers have needed to use outsourced dispute resolution, and to adapt to change to help clients reach timely settlements.”

Current hurdles to overcome

Moreover, Mr Sullivan continued, there are ongoing issues that lawyers in this space have to contend with. The landscape, he said, is constantly changing, “and we need to be open to change in the way we do things”.

“The Australian Law Reform Commission’s Family Law for The Future report was released in April 2019. Its report is provocative. The joint select committee on Australia’s family law system is continuing with a final report to issue in October 2021. I expect there will be changes to the law as a result and we will need to get on top of them.”

Funding is always limited, he went on, and it is under pressure. The courts, he said, will be a last resort.

“We need to be familiar with what the different non-court agencies involved in assisting families through relationship breakdown do and guide clients to them. Mediation, arbitration will continue to be outsourced and offer speedier remedies,” he said.

“The Federal Circuit and Family Court of Australia starts in September and promises to be back to the future. More efficient use of registrars and family consultants, less adversarial conduct of matters. Family lawyers are being urged to ‘get on board’.

“Change is here.”

Lessons and opportunities for family lawyers

Family lawyers, Mr Sullivan proclaimed, “have a national identity”. 

“I have enjoyed being a part of that,” he said.

“While relationship breakdowns can be destructive initially, if there are children involved, you are parents for life and a new relationship will need to be mapped out, long after the lawyers’ retainer is gone.

“Clients are often keen to reach a fair outcome that is within the range of reasonable outcomes if it can be delivered in a timely and commercial way. They can then move on. I enjoy being a guide dog for clients, rather than a guard dog.”

Such realisations, Mr Sullivan noted, produce opportunities for family lawyers to improve their practice methodology moving forward.

“The goals of encouraging parties to settle their disputes, where it is safe to do so before proceedings are issued, have been around for decades. Those firms agile enough to find non-court solutions for clients that are consistent with what the client can afford will succeed,” he explained.

“Court is still relevant for those intractable and complex cases, but it will be a smaller proportion of the work we do.”

Mr Sullivan’s future

When asked what lies on the horizon, both personally and professionally, Mr Sullivan said that he is currently relishing having chats with friends and peers about their experiences in transitioning to retirement.

“My personal plans are still a work in progress, but will involve a lot of family time, walking, swimming and music,” he said.

“I lead a great team of family lawyers and support staff. The team will endure. That excites me. We are also part of a larger firm of experienced lawyers. Their energy is exciting and I would love to see the firm continue to thrive under their leadership.”