I have to go to Court for a Family Law matter – What is going to happen?

I have to go to Court for a Family Law matter. Having to go to Court can be a very overwhelming experience if you do not know what to expect. This article will help you understand what happens at the first Court event.

The first court event in the Federal Circuit and Family Court of Australia is a crucial step in the family law process. It is designed to ensure that the case progresses efficiently and that the parties are clear about the next steps. The first Court event will generally be one to two months from the date of filing the Court documents. If the matter is urgent then it will be sooner. The Court requires that the matters move in a timely fashion and that there are no unnecessary delays.

At the first Court date, the types of Orders that are usually made include Orders for the gathering of evidence, ordering valuations, expert reports or disclosure. In parenting matters, the Judicial Registrar may also make Orders for the parties to attend upon a Court Child Expert or complete a parenting course or program.

Here is an overview of what typically happens at the first court event:

1. Attendance and Representation

• Both parties are required to attend the first court event.
• Parties may be represented by their lawyers, but self-represented litigants are also common.

2. Case Assessment

• The first Court event will be before a Judicial Registrar. The Judicial Registrar will assess the case to understand the issues involved.
• It is a procedural hearing where the Judicial Registrar will listen to what the parties have to say about the matter and what steps need to be taken to prepare the matter for the next step in the process.
• The court may review the documents filed by both parties, including Applications, Affidavits, and any other relevant material.

3. Directions and Orders

• The court will make procedural orders to ensure the case progresses smoothly. These may include:
  • Setting timelines for the filing of further documents.
  • Ordering the parties to attend mediation or family dispute resolution. The court encourages parties to resolve their disputes amicably and may refer them to mediation or other forms of alternative dispute resolution.
  • Directing the preparation of expert reports, such as family reports or valuations.
  • Scheduling future court dates, including interim hearings or a Directions hearing, which is a further procedural hearing.

4. Interim Orders

• If there are urgent issues that need to be addressed, such as arrangements for children or financial support, the court may make interim orders.
• These orders are temporary and will remain in place until the final hearing or further order of the court.

5. Adjournments

• If either party needs more time to prepare, gather evidence or obtain legal advice or representation, they may request an adjournment. The court will consider whether an adjournment is reasonable.

The first court event is primarily about setting the groundwork for the case, ensuring that both parties understand the process, and making necessary procedural orders to facilitate the efficient resolution of the dispute.

If you are required to go to Court and need assistance through the process, contact Solari and Stock Lawyers at our Sutherland Shire office on 02 8525 2700, or you can simply click here to request an appointment. with one of our experienced Family Law Solicitors.

Article written by Shweta Kumar
Photo by Vitaly Gariev on Unsplash