Many clients are on their way to Court hoping that this is the Court Date where the Court makes the Orders that they have been asking for and ends their involvement with the Family Law system. While everyone will get their day in Court it is important to understand the process and the different types of Court dates you will experience while engaged in Family Law proceedings.

 Duty List

You will usually find yourself in the duty list the first time that you attend Court after filing your Application. The duty list operates a little like an Emergency Department in that the Judge must triage all of the matters in the list to ensure that the most urgent matters are dealt with first. It is therefore important that on this date you are able to identify the issues that are in dispute and require the determination of the Judge.

After the Judge has heard what issues are in dispute the Judge can either conduct an Interim Hearing to determine the issues on an Interim basis, encourage the parties to enter into discussions to see if they are able to resolve the issues with the assistance of their lawyers, refer the parties to a Family Dispute Resolution Conference or for the preparation of a Report or set the matter down for an Interim Hearing at a later date.

Directions Hearing

This is usually a short Court appearance where the Judge makes Orders that provide the parties with a “to do list” to be completed prior to the next Court date. This to do list may include Orders that require you to attend an appointment with a Family Consultant, file further documents or attend a Family Dispute Resolution Conference.

Interim Hearing

An Interim Hearing is required when the parties are unable to agree on what should happen in the short term. Interim Hearings require each of the parties to identify the issues that they are unable to resolve between themselves or with the assistance of their lawyer, file affidavit evidence of no more than ten pages setting out the evidence they intend to rely upon at the interim hearing and make oral submissions that go to why you say the Orders sought by you are in the best interests of the children.

Once the Judge has heard the evidence they will make a decision that provides for a set of Interim Orders that will be in place until either a further Application is made to the Court in the form of an Application in a Case or alternatively and most often a Final Hearing.

Call Over: –

This is the final check in by the Court prior to your matter proceeding to Final Hearing. At the Call Over you will be expected to know whether you have complied with previous Orders preparing the matter for Final Hearing for example whether you have issued all outstanding subpoena, whether you have filed your trial affidavit and affidavits of any witnesses that you intend to rely upon. You should also be able to identify the outstanding issues that you will ask the Court to determine and how long you anticipate that Court will need to hear the matter.

If the Court is satisfied that you have complied with all preparatory Orders than the matter will proceed to Interim Hearing and if not already done the Court will allocate Final Hearing dates. Once Final Hearing dates have been allocated it is important that you put any Experts and witnesses that you intend to call at the time of Final Hearing on notice of the dates and remind them that they must be available to attend.

Final Hearing: –

A Final Hearing is the grand finale of your Family Law matter. It is where the Judge will consider all the evidence before the Court and make Orders on a final basis with respect to the final arrangements for your parenting and/or property matter. Once your Final Hearing has ended all that is left is for the Judge to make a decision. Once that decision is made your matter is finished and you will no longer be required to attend Court.

At a Final Hearing, the evidence is usually presented as follows: –

1. The Applicants Evidence: – if you are the Applicant your evidence is up first. You will be the first person to be cross examined on the evidence contained in your trial affidavit, subpoena material and any reports provided to the Court. You will be asked questions by both the Respondent and the Independent Children’s Lawyer. Next your witnesses will be asked questions about their evidence to the Court.
2. The Respondent’s Evidence: – If you are the Respondent you are next in line to give evidence. You too will be asked questions based on the evidence contained in your trial affidavit, subpoena material and any report provided to the Court. You will be asked questions by both the Applicant and the Independent Children’s Lawyer. You witnesses will then be asked questions about their evidence to the Court.
3. If a report has been prepared in your case either by a Family Consultant at the Court or a Chapter 15 Single Expert, they will next be asked questions on their Report by each of the parties and the Independent Children’s Lawyer.
4. At the end of everyone being asked questions you will be required to make submissions that highlight the evidence that you ask the Court to consider.

 Once the Judge has heard all of the evidence it will usually take the Judge some time to consider all of the evidence before them and make a decision. While everyone wants a decision as soon as possible it is important to be patient and to remember that you don’t want the Judge to rush a decision that could determine both yours and your children’s future.