Phase four
Preparation for court and attending court hearings
Filing documents
Your legal team will take detailed instructions from you to draft the relevant documents, which are then sworn or affirmed by you and filed with the court. These documents will explain your circumstances to the judge and set out the orders that you are seeking.
The documents to file will depend on whether you are applying for financial orders, or parenting orders.
First court event
The first court event takes place 1-2 months after filing. This is usually a procedural event heard by a judicial registrar, who will make directions to progress your case along the court path within a reasonable timeframe. The purpose of this hearing is to ascertain whether the parties have made a genuine attempt to resolve the dispute outside of court, to identify the issues in dispute between the parties and to consider whether the matter is suitable for court funded dispute resolution or external mediation, with regards to the means and resources of the parties. The court may also list the matter for an interim hearing if deemed necessary.
Important: You will not need to actively participate in the hearing. You will receive advice from us on the expected timeline and how we can prepare for next steps.
Interim hearing
Should your matter require a decision to be made on specific interim issues, for example, where one party seeks short-term financial support from the other or where there is a dispute about the children’s time with their parents, the court can list the matter for an interim hearing.
Often, a barrister will appear on your behalf at the hearing and your lawyer will provide instructions to your barrister. A judge or senior judicial registrar can make interim orders after hearing oral submissions from the representatives for both parties, or the parties may reach an agreement on an interim matter while they are at the court.
Interim orders
Interim orders continue until final orders are made. Before the interim hearing, the parties must exchange, and provide to the court, a minute of proposed orders and a case outline document. These documents set out the precise interim orders sought and the parties’ reasons for seeking those orders.
Important: During the interim hearing, you will need to give instructions to your lawyer and barrister as to any particular matters raised. You are not expected to be involved in the actual hearing, although you should attend.
Court-ordered dispute resolution
Conciliation conferences and judicial settlements
If the court determines it is appropriate for parties to participate in court-based dispute resolution, the matter will be listed for a conciliation conference or a judicial settlement conference. All forms of dispute resolution are confidential.
A conciliation conference or judicial settlement conference will usually take place within six months of issuing court proceedings. A number of documents are required to be filed prior to the conference, including the orders sought, a balance sheet and current valuations, to ensure constructive negotiations can take place. These conferences are convened by a registrar, and deal with financial matters only. The registrar can make binding orders by consent.
The goal of these conferences is for you and the other party to reach a resolution. You must make a genuine effort to resolve all issues in dispute, or to reduce the number of matters in dispute.
Note: The majority of matters settle by this stage.
Private mediation
Parties can be referred to private mediation, private or community-based Family Dispute Resolution, and/or arbitration. All forms of dispute resolution are confidential
Prior to the mediation, your lawyer must provide you with a notice setting out the legal costs you’ve incurred to date and an estimate of your anticipated costs. This costs notice may assist when you are considering settlement proposals during the mediation.
Learn more about what to expect on the day
Read our guide to private mediation
Compliance and readiness hearing
If your matter does not settle through dispute resolution, it will be listed for a compliance and readiness hearing. The court aims for these hearings to be listed within six months of the initial application to the court.
Prior to the hearing, the parties must file an undertaking, declaring they have complied with their disclosure obligations, together with a certificate confirming the matter is ready for trial.
At the hearing, the parties will identify the outstanding issues to be determined at trial and the judge will list the matter for trial.
Final hearing
At the final hearing, all of the evidence compiled by both parties is heard by a judge. The duration of the hearing depends on the complexity of the matter but usually takes place over several days.
Both parties, witnesses and experts are cross-examined during the final hearing. This can be a stressful time, but your experienced legal team will ensure you understand what is expected of you at the final hearing and that you understand the court’s processes. You will almost certainly be represented by a barrister, who is an experienced court advocate.
Important: The expectation of the Federal Circuit and Family Court of Australia (FCFCOA) is that the final hearing takes place within 12 months from the commencement of proceedings.
> Click here to move to phase one: First steps
> Click here to move to phase two: Dispute resolution
> Click here to move to phase three: Pre-action procedures
> Click here to move to phase four: Preparation for court
> Click here to move to phase five: Implementation
> Click here to view more about Disclosure
> Click here to view more about binding financial agreements