Family Court Proceedings: What to Do If You’ve Been Served

As experienced family lawyers, we can guide you through the process, help you prepare the necessary documents, and represent your interests in Court.

I have been served with court documents, what do I do?

If you have been served with Court documents, it means that your former partner has applied to the Federal Circuit and Family Court of Australia to start proceedings. The filing party is known as the Applicant and you as the other party are known as the Respondent.

If you are served with Court documents, you are now legally required to respond and therefore it is important you seek legal advice promptly.

An experienced Family Lawyer can help you respond to court documents promptly, ensuring you file all necessary response documents within deadlines.

If you have  already missed deadlines or court appearances, your solicitor   may be able to apply for an extension or seek to have the matter relisted before it proceeds undefended.

You will also need to attend Court at the date and time that the matter is listed. An experienced lawyer can advise on Court expectations and help you prepare a solid response to avoid negative outcomes.

Failing to participate in proceedings could result in the matter being listed for an undefended hearing where the Court may make decisions in your absence.

What is an Undefended Hearing

An undefended hearing occurs when one party fails to participate in the court process. The most common reason for an undefended hearing is when the Respondent fails to attend Court or file the required documents.

In such cases, the Court may proceed in the absence of the Respondent and determine the matter based on the evidence provided by the Applicant. While it is less common, an Undefended hearing may occur when the Applicant has failed to appear or require relevant documents, despite initiating proceedings.

An undefended hearing can arise in both parenting and property matters.

How does an undefended hearing work?

The Court cannot force a party to participate in litigation, but they must ensure that each party has had adequate opportunity to be heard. This means that in circumstances where the Respondent has failed to attend Court or comply with Orders and the Applicant intends on pursuing the matter, before the Court will list a matter for an undefended hearing the Court must be satisfied that the Respondent has had the opportunity to be heard. It will depend on the circumstances of the case as to what is required to satisfy the Court; however, the Court may list the matter multiple times before it is listed for an undefended hearing.

During an undefended hearing the Court will consider the material that is before it, including the Applicant’s documents and any subpoena material.

Undefended hearings typically proceed on written submissions without cross examination. However, if the Court requires further evidence to be satisfied about the Orders they are making, it may be necessary to cross examine the Applicant.

Just because a matter is listed for an undefended hearing does not mean that the Court will automatically make the Orders that the Applicant seeks.

The Court must still be satisfied that the Orders sought are in the best interests of the child in parenting matters and just and equitable in property matters.

Legal Advice

If you have been served with Court documents in relation to a Family Law matter contact us to talk to one of our experienced family law solicitors so that you never have to worry about an undefended hearing.