Types of Family Law Court Events & What to Expect

The Federal Circuit and Family Court of Australia is the national Court which hears all family law matters. There are a number of Court events which litigated family law matters will progress through to reach a final outcome.

Each of the below Court events are unique in their preparation and presentation.

Seeking guidance from a family law solicitor early in your separation positions yourself for a more favourable outcome and is crucial to understanding the Court process and protecting your interests.

The Court strives to find the most efficient and cost-effective way to assist separating couples to resolve their family law dispute, and in most cases, this will be achieved by following the case management pathway set out below:

First Return Date

This Court event is procedural in nature only and no decisions will be made by the Judicial Registrar to finalise the matter. The First Return Date usually occurs via video conference and the primary purposes of the Court event are:

  • To determine whether any Orders can be made by consent.
  • To assess whether the parties have complied with pre-action procedures and made a genuine attempt to resolve their issues, and to identify the remaining issues in dispute and the steps required to resolve them.
  • To consider whether an interim hearing is required, whether the matter is suitable for a Court-based dispute resolution or to consider whether the matter is one that requires individual case management by a specific Judge or in a specific list.
  • To assess whether any application before the Court is urgent.

Dispute Resolution

Unless exceptional circumstances exist, within five months of filing an application, the parties will be required to participate in dispute resolution.

This may be a privately funded dispute resolution event, such a mediation, or a Court based dispute resolution with a Registrar of the Court.

Dispute resolution can take place either in person or through videoconferencing.

It is important that when engaging in dispute resolution, parties feel safe to do so and empowered to engage in negotiations. Mechanisms can be put in place to ensure both parties safety, including by conducting mediation by “shuttle”. This refers to a process whereby parties do not have to see, speak or directly engage with each other.

Mention

Any matter referred by the Court to either private mediation, Arbitration or court-based dispute resolution will be listed for a Mention not more than two (2) weeks after the Dispute Resolution event. This Court event usually occurs via videoconference and is procedural in nature only.

The purpose of the Mention is for the Court to either make Orders as negotiated at the dispute resolution event or progress the matter towards an interim or final hearing if the outstanding issues were =unable to be resolved at the dispute resolution event.

Interim Hearing

If the parties are unable to reach an agreement at mediation regarding the outstanding interim issues, then the matter will be allocated an interim hearing before a Judge or Senior Judicial Registrar.

In an interim hearing, the judicial officer will only read the evidence and hear submissions from the legal representatives. Usually, parties are not required to go into the witness box to give oral evidence. An interim hearing will only deal with issues which relate to immediate or urgent issues. Otherwise, the remaining issues in dispute will be addressed at a final hearing or further dispute resolution.

Parenting interim issues usually involve children’s immediate living arrangements, impending school enrolments, medical issues which have an element of urgency or issues regarding the children’s safety.

Financial interim issues usually involve the immediate sale of assets, occupancy of the former matrimonial home, spousal maintenance or a pre-distribution of matrimonial assets.

Once the parties have addressed any interim issues, often the Court will refer the parties again to mediation in relation to any remaining issues in dispute.  If parties are unable to reach an agreement to finalise their family law dispute at a dispute resolution event, it will proceed to a final hearing before a Judge or Senior Judicial Registrar.

Compliance and Readiness Hearing

Prior to a final hearing, the matter will be listed for a Compliance and Readiness hearing before the Judge or Senior Judicial Registrar who will hear and determine the matter on a final basis.

This is a procedural Court event to progress the matter towards a final hearing, which often takes place in person. While the Judge or Senior Judicial Registrar will encourage parties to resolve their dispute between them, it is not their intention to hear or determine any issues in dispute at this Court event.

The primary purposes of the Compliance and Readiness hearing are:

  • To ensure that the parties have made a genuine attempt to resolve the issues in dispute, to the extent that it is safe to do so.
  • To ensure that the parties have complied with their duty of disclosure and all relevant orders and obligations and have provided all relevant documents to the other party or parties.
  • To identify the issues which are truly necessary to be determined at trial and the evidence that is truly necessary to be adduced in order for those issues to be determined.
  • To consider whether determination of a discrete issue would likely facilitate the timely resolution of the overall proceedings.
  • In a financial proceeding, to ensure that the parties have exchanged compulsory offers of settlement pursuant to rule 4.11 of the Family Law Rules.
  • To allocate the matter to a Judge for final hearing, allocate trial dates and provide trial directions for the filing of trial material.

Final Hearing

Whenever possible, matters will be listed for a final hearing on a date earlier than 12 months from the commencement of proceedings.

Final hearings often take place over a number of days and parties are required to attend the Court in person each day.

The most common Court locations for Delaney Roberts Solicitors to attend include Newcastle, Sydney and Parramatta, however there are other regional Courts throughout New South Wales.

During a final hearing, parties are usually required to give oral evidence in the witness box and be cross examined by the other party’s legal representative.

Judgment

Following the final hearing, a Judgment prepared by the Judge or Senior Judicial Registrar presiding over the final hearing will be delivered as soon as reasonably practicable after hearing the final submissions, and usually within three (3) months. Judgment is final and can only be appealed or reviewed in very limited circumstances.

Having an experienced family lawyer represent you provides several significant benefits:

  1. Strategic Guidance: A seasoned family lawyer can explain the legal process, court expectations, and potential outcomes at the first return date. This early insight helps shape the strategy for your case moving forward.
  2. Clear Communication: Family law can be emotionally charged, and legal jargon can be confusing. An experienced lawyer will communicate clearly with the court and opposing parties, ensuring your position is presented effectively and in your best interest.
  3. Efficient Case Management: An experienced lawyer ensures that all relevant documents are submitted, procedural steps are completed, and deadlines are met, helping avoid unnecessary delays.
  4. Negotiation Skills: Many family law cases can be resolved through negotiation. A skilled family lawyer will advocate on your behalf during early negotiations, potentially avoiding lengthy and costly court battles.
  5. Informed Decision-Making: Having a lawyer with you ensures that any decisions or agreements made at the first return date are in your best interests, considering both short-term and long-term consequences.
  6. Minimising Stress: The emotional toll of family law proceedings can be overwhelming. Having an experienced lawyer handle the legal complexities allows you to focus on your personal well-being and family, reducing stress.

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The information in this article is not legal advice and is intended to provide commentary and general information only. It should not be relied upon or used as a definitive or complete statement of the relevant law. You should obtain formal legal advice specific to your particular circumstance. Liability limited by a scheme approved under Professional Standards Legislation.

Author
Associate Solicitor