What happens if we go to Court?

Every effort will be made by our firm to negotiate a fair settlement of your matter so that neither party has to bear the emotional and financial cost of Court proceedings. The vast majority of our matters settle without the need for contested Court proceedings being undertaken.

Statistics show that less than 5% of all matters go all the way through the Court's system to a final trial. The rest settle without the need for any proceedings (except Consent Orders being made) or settle before the matter gets to a final hearing.

How are Proceedings started?

If your matter cannot be resolved, then to protect your rights it may be necessary to commence proceedings in the Family or Federal Magistrates Court (or Supreme, District or Local Court in de facto cases).

This is done by filing an Application with the Court detailing the Orders you want a Court to make in your favour. A filing fee is payable to the Court. If there are financial Orders being sought, you will also need to swear a Financial Statement that verifies your current income, expenses, assets, liabilities and financial resources. A copy of your documents are served on your spouse. They have an opportunity to file a Response and their own Financial Statement.

What is an Interim Hearing?

Sometimes it may be necessary to make an Interim Application to the Court to seek urgent Orders on your behalf.

For example, this may include Interim Orders about with whom children should live, when they should have contact with each parent, or for financial support or injunctions. The purpose of an Interim Hearing is to maintain status quo arrangements till the Court can have a full hearing of your matter further down the case management track.

If interim steps do need to be taken on your behalf, our accredited family law specialists can advise you about protecting your rights, retaining a Barrister to appear on your behalf, preparing your evidence and appearing in Court with you. If your matter is very urgent, it can be listed before the Court in a matter of hours or days. In the normal course of events, the Court will hear interim applications about 4-5 weeks after they are filed.

Does the Court encourage Settlements rather than Litigation?

The Court case management system is designed to help parties resolve matters through counselling or mediation, rather than litigating matters and leaving the final decision about your children and assets in the hands of the Court.

The Court has its own counselling and mediation services that are available to clients to try and resolve parenting disputes. In addition, we can refer clients to experienced private counsellors and mediators who can help you and your spouse come to an amicable resolution.

The Court also manages your matter if it goes through the litigation process. Each stage in the process is aimed at maximising prospects of negotiated settlements, by providing mechanisms to obtain information and documents about your spouse's financial position, and Court arranged without prejudice discussions (known as Conciliation Conferences).

Our accredited family law specialists are experienced not only in litigating disputes, but also in negotiating on your behalf at settlement conferences or mediations to ensure you get the best possible outcome.

How long can the Court process take?

Less than 5% of all matters go to a final trial before a Judge. At that final hearing, a Family Lawyer from our office will instruct a Barrister on your behalf. We have a selection of the most experienced Counsel and Senior or Queens Counsel whom we retain to act on your behalf if litigation is required. We can also refer you to and retain experienced forensic accountants and other valuers to help establish the value of the assets or companies that are available for division.

Back