Family Court Process: Types of Hearings

If you’re going to court soon, understanding the family court process in Australia is a must. Preparation is an important part when attending a court hearing or any family law courts process. Your preparation includes knowing about court etiquette, the documents that you must bring, the dress code, and so on. 

This article will discuss the various types of hearings that take place in the Federal Circuit and Family Court Australia and other necessary information that you might need in preparation for a court appearance. 

What is the Federal Circuit and Family Court Australia?

Before we discuss the family court process, what is the Federal Circuit and Family Court Australia (FCFCOA)? The Federal Circuit and Family Court of Australia Rules 2021 establishes the overarching purpose and authority of the FCFCOA. 

The FCFCOA’s overarching purpose is to “facilitate the just resolution of disputes according to law and as quickly, inexpensively and efficiently as possible.” Moreover, the Act states that in the conduct of family law proceedings, the parties must hold such proceedings in a manner that does not contradict its overarching purpose. 

This means that all proceedings that the FCFCOA holds or will hold must be consistent with the purpose in which it was established. 

Family Court Process: Types of Hearings

Family law hearings vary depending on its purpose. Here are the types of hearings by the FCFCOA:

1. First court event.

This is a procedural hearing where the Judicial Registrar hears the parties about the steps that they need to take to prepare for the next stages of the family court process. The Registrar will order and direct the parties for the timely progression of the case. 

In particular, the Judicial Registrar will issue:

1. Orders for gathering of evidence, valuations, expert reports or disclosure,
2. Orders to attend an event with a Court Child Expert, 
3. Orders to complete a parenting course or program, or
4. Interim parenting or financial orders,  if the parties agree and if it is appropriate.

2. Directions hearing.

This is also a procedural hearing if it is required to make orders or directions about the case. This is usually conducted by a Judge, Senior Judicial Registrar or a Judicial Registrar.

3. Interim hearing.

In this type of hearing, the Judge or Senior Judicial Registrar makes a decision about specific issues that are in dispute on an interim or interlocutory basis. Moreover, before the interim hearing, the parties must provide a minute of proposed orders and a Case Outline Document.

Here, the Judge or Senior Registrar will take into account the documents filed by the parties and hear their positions regarding the interim issues in dispute. Additionally, there will be a cross-examination of the parties during the hearing in exceptional circumstances.

Family Court Process: Dispute Resolution

This kind of hearing aims to expedite the family court process and save you the hassle of a full-blown hearing. Its objective is to achieve a resolution of disputes that arise from separation or divorce and improve the relationship between the parties involved. 

The Judicial Registrar, an external service, mediator or Family Dispute Resolution Practicioner will conduct this procedure. This will include a conciliation conference or a dispute resolution conference. What’s the difference?

1. Conciliation conference – for financial proceedings
2. Dispute resolution conference – for parenting proceedings
3. Judicial settlement conference – mediation between parties in a confidential setting (the last resort)

What Are Other Types of Hearings?

1. Compliance and readiness hearing.

If the preceding conferences are unsuccessful, the case will undergo a compliance and readiness hearing. This family court process will ensure the parties’ compliance with court orders and directions. Moreover, it will determine whether they are ready to proceed to the final hearing. The parties must complete the Certificate of Readiness before proceeding to this hearing.

2. Trial management hearing.

If the Judge intends to make further directions for the conduct of the final hearing, you may be required to undergo a trial management hearing.

3. Final hearing.

This is when the Judge makes a final decision on the matter. Depending on how complex the matter is, the duration of the hearing may last from 1 day to several days. Here, the parties will present their case to the Judge.

This is when the parties or their representatives presents the following in court:

1. an opening address – the party introduces the judge about their case
2. presentation of evidence –the parties and their witnesses may be cross-examined by the opposing parties
3. present their arguments – the parties will lay out their submissions to the Court about the evidence and the law.

After everything is presented, it’s time for the Judge to make a decision and state the reasons for such deliberation. It may be done on the same day or at a later date if the Judge requires more time to deliberate the matters on the case. Usually, this is within 3 months after the final hearing. 

Family Court Process: Pre-action Procedures

As a general rule, family court proceedings are the last resort. This means that the parties must resolve the issues within themselves first. They can undergo a dispute resolution process and resolve the issues at that stage. This process is a pre-action procedure. 

There are two types of pre-action procedures:

1. Pre-action procedures for parenting cases 
2. Pre-action procedures for financial cases

The pre-action procedures will guide the parties to the early and full disclosure of relevant facts and documents connected to the matter. Moreover, it will help avoid costly legal action, if possible.  Additionally, this will help parties having a hard time resolving the issues on their own to identify the issues in dispute and how to resolve them. 

Here’s an overview of what will happen in a pre-action procedure:

1. Firstly, comply with the requirements of Compulsory Family Dispute Resolution
2. Secondly, Enter into a parenting plan or apply for consent orders.
3. Then, if your case is not resolved, give written notice of issues and future intentions.
4. Reply to the notice of intention.
5. If no agreement is reached, take court action.

Family Law Experts at JB Solicitors

To help you understand the family court process, a family law expert from JB Solicitors is willing to give you a hand. Our family lawyers will professionally:

1. Advise clients of ways of resolving the dispute without starting legal action,
2. Represent clients especially if they are victims of family violence and other serious family law matters.
3. Advise clients of the obligations and requirements imposed by Australian Family Law,
4. Encourage clients to reach an amicable agreement through mediation and dispute resolution
5. Give an opinion if the agreement is in the client’s best interests, and
6. Advise clients of the estimated costs of legal action inside and outside the family court system

Schedule a consultation today.