Family Law - What to expect if you go to court
Facing the family court process can be overwhelming, especially when dealing with financial and property settlements. Often, people who separate make the decision to initiate Court proceedings after exhausting alternative avenues of settlement. Faced with little prospect of reaching a negotiated settlement, applicants instruct their solicitors to initiate proceedings with the hope of bringing an end to their legal matter.
These are the typical steps for a financial/property settlement matter within the court system.
1. Pre-Action Procedures
Attend dispute resolution: Each party is required to agree on a dispute resolution service and make a genuine effort to resolve their dispute using the services of the dispute resolution service such as counselling, negotiation or mediation. If you come to an agreement, we recommend applying to the court for consent orders to ensure the agreement is legally binding.
Notice of intention: If an agreement cannot be reached due to refusal by the other side, the lack of available services or an agreement cannot be reached, the person considering going to court is required to provide the other person/s written notice of the intention to start proceedings. The notice of intention must include the issues in question, the orders they would like to seek, a genuine offer and a nominated time to reply.
Replying to the notice of intention: If you receive a notice of intention you are required to respond by the nominated date with your acceptance or if you do not accept the offer you are required to respond with the issue (s) you are disputing, the orders you would like to seek, a counter offer and a nominated time frame to reply.
The respondent may seek an exemption from complying with the pre-action procedures or taking genuine steps to resolve before filing the Response to Initiating Application if there are instances of the following:
There are allegations of child abuse or family violence or risk of child abuse or family violence.
The application is urgent.
A previous family law application has been filed by one of the parties in the last 12 months.
2. Initiating Application
The following documents are filed with the Federal Circuit and Family Court of Australia (FCFCOA), and will also be served on your spouse via correspondence with their Solicitor.
Genuine Steps Certificate: This form is a declaration that genuine steps have been taken to resolve the dispute before filing the Initiating Application.
Financial Statement: This involves providing full and frank disclosure of your financial circumstances.
Affidavit: An affidavit stating the facts and required evidence under the Family Law Rules.
3. Response to an Initiating Application
Your spouse must file a Response to Initiating Application within 28 days of the application.
4. Court Proceedings
Interim Hearing (if required): The court will determine the date available for the first court event. If the matter is urgent an interim hearing date will be provided at the earliest possible time. This is where an interim decision can be made about particular issues by a Judge or Senior Judicial Registrar. If required interim orders are effective until the matter can be finally determined.
First Return Date (within 6 to 12 weeks of filing): This stage is also known as the first mention date. At this stage the Judicial Registrar (JR) will hear from both parties, give instructions for the next steps, including setting a date for the Conciliation Conference and make orders to ensure that the matter will advance forward. For example; the JR will check that the pre-action procedures have been followed. If valuations or additional financial information is required, they can make orders accordingly.
Conciliation Conference: This is a dispute resolution meeting overseen by a Senior Judicial Registrar who will facilitate negotiation discussions between parties to try and resolve the property dispute. The aim is to try and reach a settlement, if a settlement is reached, Court Orders will be finalised and you are not required to continue with Court Proceedings.
Compliance & Readiness Hearing: If dispute resolution is not successful or there are still outstanding issues to work through, the matter will be listed for a Compliance and Readiness Hearing. At this stage the Judge will set a hearing date and make orders to ensure that the matter is ready to proceed to a final hearing.
Trial Management Hearing: If the matter has been listed for a final hearing, there may be a trial management hearing for the Trial Judge to make further orders and directions prior to the final hearing to ensure it is ready to proceed.
Final Hearing: This could take weeks or a few days depending on the complexity of the matter and the number of issues in dispute. At the final hearing, each party will be given the opportunity to present their case to the judge including: evidence that needs to be heard from key parties and witnesses as well as submissions to the court about relevant case law.
Final Judgement: After the final hearing the Judge will consider all evidence and come to their judgement. This might come on the day of the final hearing or if they need time to consider, they will reserve Judgement and usually deliver their decision between 3 to 6 months after the final hearing.
At Orman Solicitors we have been representing clients in Family Law for over 16 years. We pride ourselves on providing reliable, trustworthy services, unmatched legal experience and compassion and empathy in everything we do. No matter what your circumstances, our team always has the best interests of our clients in mind, and we’ll strive to be an advocate for you and your rights. If you are preparing for a Family Law Court appearance you might also like to read our blog: Essential Tips for Preparing for Your Family Law Court Appearance
If you are ready to sit down with our solicitors to discuss your matter, give us a call to book your complimentary 15-minute consultation to determine the best course of action you should take.
Disclaimer: The content presented in this article is offered for informational purposes and should not be construed as legal advice or a substitute for professional guidance. If you have questions or require legal assistance, we strongly recommend consulting with a Solicitor to address your individual circumstances.