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Court Process

When trying to resolve a family issue, there are a number of alternatives to consider before directly going to Court. We are aware that each Family Law client comes from a different situation and mindset when they approach us. Many people find themselves in confusing and unfamiliar situations when they have to go to Court.

We understand that without clearly understanding the Court Procedure, it can be difficult to reach a decision that benefits all parties in question. So, when it comes to Family Law, you should acquire the services of expert and experienced family lawyers at an early point who can help you take the right routes to successful outcomes.

The Court Procedure lists a number of events that outline the process once a matter is taken to court.

Application

At first, an Application is to be filed in the Federal Circuit Court or the Family Court. Depending upon the application filed, the case proceeds in the Court accordingly. An application can be filed to achieve Interim Orders or Final Orders.

Interim Hearing

If a case filed has an urgent and/or short term problem, the next step in the process is an Interim Hearing. Interim Hearings are paper-based; that is, in most cases, parties can not give evidence in court. Matters deemed urgent enough for Interim Hearings include Child Custody, Living Arrangements of Children and Airport Watch List.

Child Dispute Conference

If a case is about parenting orders and child custody, then the parents and children will meet with a court appointed Family Consultant. The Consultant will hear the views of all involved and prepare a report for the Judge to consider. The report will often contain recommendations for how the matter should progress.

Conciliation Conference

If a case is about property orders, a Conciliation Conference is held. This is a mandatory mediation ordered by the Court. A Deputy Registrar is in charge of this and both parties and their lawyers are to be present. The objective of a Conciliation Conference is to give both parties a chance to resolve the dispute at an early stage in proceedings.

Final Hearing

A Final Hearing is held in Court before a Judge. The legal representatives submit summaries for their client’s case, evidence is provided by the witnesses and they are cross-examined by the opposing party’s legal counsel. A judgment may be given on the same day or the Court may decide to give the decision on a later date.

Important

Appearing before the Court can be difficult for first timers but we can help you prepare for every step of the Court Process. With our help, you will know what to expect at each event and what your options at every point are, during the Court Process. Know that there are alternatives for going to Court while trying to resolve family issues and disputes such as, Mediation, and they should be your first priority. These alternatives ask for much less involvement than the Court Process and deal with family disputes in a more discreet and cost-effective way.

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