The Federal Circuit and Family Court of Australia (FCFCOA) introduced the Evatt List to provide a safer, faster and more specialised process for cases involving serious family violence, child abuse or significant safety risks.

For parents or separating couples in NSW, being placed on the Evatt List can feel intimidating. But the list is designed to protect vulnerable parties and ensure early identification of risk, stronger oversight and faster access to hearings.

This guide explains exactly what the Evatt List is, how cases are selected, what the process looks like and what you should expect if your matter is allocated to this specialist pathway. For tailored help, speak with our experienced Family Lawyers or learn more about our services in Family Law.

What Is the Evatt List?

The Evatt List is a specialised case management pathway within the FCFCOA for high-risk family law matters where there are credible allegations of:

  • Serious family violence
  • Child abuse or neglect
  • Coercive control
  • Substance abuse affecting parenting
  • Threats to safety
  • Systems abuse or litigation abuse
  • Risk of abduction
  • Severe conflict posing risk to children

It is named after Justice Elizabeth Evatt, the first Chief Justice of the Family Court of Australia and a pioneer in family law reform.

The purpose of the Evatt List is to improve safety and ensure that matters involving serious risk are dealt with quickly, consistently and with enhanced oversight.

How Do Cases Get Placed on the Evatt List?

Not every family law matter goes into the Evatt List. Allocation happens when the Court identifies red flags during the early stage of proceedings.

Cases may be placed on the Evatt List if:

  • A Notice of Risk is filed alleging violence or child abuse
  • There is an ADVO or history of family violence
  • One parent raises concerns about serious psychological harm
  • There is documented coercive control or harassment
  • Agencies such as NSW Police or DCJ are involved
  • There is evidence of alcohol/substance abuse impacting parenting
  • The Court detects patterns of system abuse (eg repeated, controlling applications)

Judicial officers review all material filed with an application and then triage the case accordingly.

Even if parties do not agree, the Court can independently determine that a matter belongs in the Evatt List.

What Makes the Evatt List Different?

Evatt List matters are managed more intensively than ordinary cases. The following features set it apart:

  1. Early Identification of Risk

Risk factors are examined at the beginning of the case through notices, affidavits and safety forms. The Court prioritises wellbeing and immediate protection.

  1. Dedicated Case Management

A judge, registrar and support team monitor the matter closely from start to finish. There is minimal delay between procedural steps.

  1. Trauma-Informed Process

The Evatt List recognises how trauma and violence impact parties. The process aims to reduce re-traumatisation by limiting unnecessary conflict and personal cross-examination.

  1. Faster Progression

High-risk matters often receive earlier interim hearings, directions and expert involvement.

  1. Specialist Reports and Assessments

Evatt List cases may include:

  • Family reports
  • Child Impact Reports
  • Memoranda from independent experts
  • Subpoenaed records from police, schools or medical providers
  • Independent Children’s Lawyer (ICL) appointments

This supports better-informed decisions about child safety.

  1. Close Monitoring of Parties’ Compliance

If a party fails to follow orders, engage with programs or disclose information, the Court can intervene quickly.

What Happens During the Evatt List Process?

While each case is different, most Evatt List matters follow these stages:

  1. Triage and Allocation

After filing, judges review the risk information and decide whether the case belongs on the Evatt List.

  1. First Court Event

This usually occurs earlier than in standard matters. The focus is on immediate safety, protective measures and narrowing issues.

  1. Evidence Gathering

Parties may be ordered to:

  • File detailed affidavits
  • Provide police reports, medical records or photographs
  • Submit digital evidence such as text messages or social media posts
  • Undergo drug/alcohol testing
  • Participate in parenting programs
  1. Expert Intervention

The Court may request a Family Consultant or Independent Children’s Lawyer to investigate allegations thoroughly.

  1. Interim Hearing

If urgent parenting orders are needed, the Court will typically prioritise an interim hearing to protect children or vulnerable parties.

  1. Continued Oversight

The case is reviewed regularly until it is ready for conciliation, mediation or a final hearing.

Does Being on the Evatt List Affect the Final Outcome?

The Evatt List does not predetermine guilt or innocence. However, the Court must prioritise child safety and protection when making orders.

Being placed on the Evatt List may influence the outcome if:

  • Risks are confirmed through evidence
  • One party repeatedly breaches orders
  • A parent refuses to participate in treatment or testing
  • There is a pattern of coercive control or family violence

The Court may order:

  • Supervised time with a parent
  • Restrictions on communication
  • Protective measures for children
  • Requirements to attend courses or counselling
  • Long-term orders that minimise risk

The focus is always on the best interests of the child, ensuring safety above all else.

Common Myths About the Evatt List

Myth 1: Being placed on the Evatt List means the allegations are proven.

False. It means the Court must investigate them with urgency and caution.

Myth 2: Only mothers or protected parties can apply.

False. Either parent, or even the Court on its own initiative, can request allocation.

Myth 3: The Evatt List is a punishment.

False. It is a protective process designed to keep children and families safe.

How to Prepare If Your Matter May Go Into the Evatt List

If you believe your case involves genuine safety risks, consider the following:

  • Gather evidence early, including texts, screenshots, police reports and medical notes
  • Avoid confrontational communication with your ex-partner
  • Update passwords and secure your digital accounts
  • Keep records of incidents, breaches or unsafe behaviour
  • Attend programs recommended by the Court (eg parenting courses)
  • Seek legal advice immediately

Evatt List matters move quickly, so early preparation is essential.

When to Speak With a Lawyer

High-risk family law matters require careful handling and specialised guidance. Whether you need urgent protection, want to respond to an allegation, or believe your case may be triaged into the Evatt List, professional advice can make a significant difference.

For tailored support, contact an experienced Family Lawyers  or explore how our team can help in all areas of Family Law.