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Prevention

The Prevention Phase covers the period before court proceedings are commenced. The Family Court now requires parties to access services outside the legal context before commencing court proceedings. These services include community education, relationship counselling, separation counselling and mediation. There are a wide range of primary dispute resolution services in both child and financial matters available from community based organisations such as CentreCare, Relationships Australia and Family Services Australia. Details of the specific services available from such community based organisations are available directly from them.

Application is filed

Proceedings are commenced by filing an Application that sets out what orders are being sought from the Court. If both interim orders as well as final orders are being sought it will also be necessary to file an Affidavit. When the Application is filed with the Court it is listed before the Court approximately four to six weeks later. A copy of the Application must then be given to the other party. This can be done personally by anyone over the age of eighteen years other than the Applicant. Alternatively, it can be served by pre paid post to the other party's last known address. The person serving the Application is required to complete an Affidavit of Service.

Information Session

Information Sessions are usually conducted in a meeting room. They take approximately forty five (45) minutes. Information is provided by video and an oral presentation. The information provided includes court procedures, services offered by the court, time frames and general advice on both child and financial matters. There are also a number of brochures available. The parties' lawyers do not attend the Information Session.

Case Assessment Conference

The parties, and their lawyers if they are legally represented, are required to attend the Case Assessment Conference. These conferences are conducted by a Registrar in financial matters, by a Counsellor in children's matters and by both a Registrar and a Counsellor in matters involving financial and children's issues. The purpose of this conference is to assess what the issues are, what further information is required, what further documents need to be filed and to have some negotiations with a view to settling the matter. Approximately one third of cases are settled at this stage. If the parties are able to reach an agreement that agreement can be written up, signed by the parties and given to the Registrar so that orders can be made by consent on the day.

Directions Hearing

A Directions Hearing is usually conducted by a Registrar. The Registrar works out the best way to manage the case through the court process and then makes directions or orders for the further conduct of the case. For instance if the Counsellor recommends further counselling then the Registrar will make a direction for the parties to attend further counselling.

Counselling

Counselling sessions are conducted by a Court Counsellor. They are generally confidential with a few exceptions. The parties in court proceedings attend counselling. Their lawyers are not present during counselling. The Court Counsellor usually sees the parties together unless there are Apprehended Violence Orders or some other reason why the parties should not be seen together.

Trial Notice Issued

The issue of the Trial Notice indicates that the Resolution Phase is complete and the Determination Phase has commenced. The Trial Notice contains directions or orders for the preparation of the case for trial. These orders include orders for the filing of affidavits, preparation of expert's reports or Family Reports. It also requires parties to file a Compliance Certificate once they have complied with all of the Court's directions or orders. A Pre Trial Conference date is also allocated at this time.

Pre Trial Conference

A Pre Trial Conference is conducted by a Registrar. The parties, and their lawyers if they are legally represented, are required to attend Court. There is some limited opportunity to negotiate a settlement at this stage. If the parties are able to reach an agreement that agreement can be written up, signed by the parties and given to the Registrar so that orders can be made by consent on the day. If the case cannot be resolved the Registrar, with the assistance of the lawyers, formulates a trial plan and lists the case for final hearing.

Final Hearing

Only five percent of Applications filed in the Family Court go to final hearing. The remaining ninety five percent settle along the way. The final hearing is before a Judge. Barristers are usually briefed to appear at the hearing. Parties and their witnesses are required to attend Court. The evidence is presented to the Judge who then makes a decision. Sometimes the Judge delivers judgment at the end of the hearing. Often the Judge delivers judgment at a later date.