Family Court Proceedings
Family Court Proceedings
Case Conference and Directions Hearing
Conciliation Conference
The Pre-Trail Conference
Final Hearing
Family Court Proceedings
Court Proceedings are a last option for spouses who have not been able to reach an agreement themselves. To begin proceedings the usual application and other documentation must be filed with the Court. You can see a list of these requirements here[ILW1] . The spouse responding to the divorce (the Respondent) must also have filed all relevant documentation and indicate what they require or wish for the Court to consider.
Antwan Lawyers Sydney will continue to inform and advise you as you enter this process. Never hesitate to ask questions about these proceedings, they are designed to assist you in settling divorce matters, and your solicitor is one of your best resources for explaining processes and providing you with the information you need.
Case Conference and Directions Hearing
The first step in Court proceedings is the Case Conference. This occurs approximately 6 weeks after the divorce application has been filed. Both parties are required to attend the case Conference at the Family court, and will be held in the Registrars Office, not the Court room. This stage of the process allows for both parties to raise issues and presents an opportunity for mediation between parties. If an agreement is reach at this stage, the Terms of Settlement are prepared and no further court proceedings are required.
If there is no agreement during the Case Conference, a Directions Hearing will be held. This usually happens on the same day and simply determines whether or not the process towards agreement is on track. There is no evidence given at these stages and no decisions are made unless an agreement is reached during the Case Conference or Directions Hearing.
If there is no agreement, the spouse responding to the divorce (the Respondent) has seven days from this Hearing to have filed all relevant documentation and indicate what they require or wish for the Court to consider.
Please do not hesitate to "Call Us" for immediate professional advice
Conciliation Conference
The stage is the Conciliation Conference. This Conference will occur approximately 10 – 14 weeks from the initial Case Conference and in many cases, agreements are made and the case finalized at this point. Before the conference case summaries need to be prepared and filed at the court and with the other party.
In this Conference the Registrar acts as a mediator between the two parties to assist them in reaching a settlement. This Conference, like the two previous, doesn’t take place in the court room, but rather, in the Registrar’s office.
If parties agree at the Conciliation Conference then the Terms of Settlement are prepared and signed during the Conference. If there is still no agreement between parties, the case will proceed to the next step.
The Pre-Trail Conference
Held about 12 – 14 weeks after the Conciliation Conference, the Pre-Trial Conference determines whether or not the case can still be settled through negotiations. An agreement can still be reached at this stage and the Settlement prepared and signed. However, if there is still no agreement the Registrar will progress the case to the Final Hearing
Final Hearing
This is the last stage of proceedings. At the final hearing, held in the Court room, evidence will be presented, and both parties may be examined and cross examined by lawyers. Witness; family, friends, and new partners, or whomever deemed applicable to the case, may also appear and give evidence.
This is a formal Court proceeding. After all the evidence etc has been presented the Court will deliver the judgement. In order to consider the matter in full the court will take time to consider the case, so it is not expected that a judgement will be delivered directly after the hearing.
The Courts judgement after weighing and considering all the relevant details of the matter will be binding.
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