Guide to Proceedings Fact Sheet

If you have to go to Court, what happens?

The diagram below shows a typical Federal Magistrates Court financial case that goes all the way to a hearing by the Magistrate who makes the final ruling. Of course the procedure can be shortened by settlement at any stage. It can also be lengthened by extra steps and delays. The procedures in the Family Court for a financial case are similar.

Step 1

YOUR SEPARATION

Step 2

SEE SOLICITOR

Step 3

DISCLOSURE/NEGOTIATION/MEDIATION

Step 4

FILE APPLICATION AT FEDERAL MAGISTRATES COURT

Step 5

YOUR APPLICATION IS SERVED ON SPOUSE

Step 6

YOUR SPOUSE'S RESPONSE FILED

Step 7

BOTH YOU AND YOUR SPOUSE
ATTEND DIRECTIONS HEARING AT COURT

Step 8

BOTH YOU AND YOUR SPOUSE
ATTEND CONCILIATION CONFERENCE AT COURT

Step 9

BOTH YOU AND YOUR SPOUSE
ATTEND DIRECTIONS HEARING AT COURT

Step 10

HEARING BEFORE MAGISTRATE

Step 11

JUDGEMENT

Notes

1. In most cases you try to settle the matter rather than going to Court. This involves both parties making full disclosure of their financial position. It involves negotiation and possibly attending a mediation.

2. At the first Directions Hearing (Step 7) the Magistrate will usually set a date for a Conciliation Conference and make Orders to ensure that the matter is completely ready for the Conciliation Conference eg. Orders about disclosure.

3. The Conciliation Conference will take place with a Court Registrar. Both parties and their lawyers attend. The aim is to reach a settlement. If you reach a settlement Court Orders are made and the Court proceedings come to an end.

4. A second Directions Hearing will take place if the matter does not settle at the Conciliation Conference. The Magistrate will set a hearing date and make orders to ensure that the matter is properly prepared for hearing.

Our Family Law Team have the understanding and experience to listen carefully to your problems and explain things clearly. If you have any questions please call Alan Wright, Warwick Gilbertson, Rebecca Flick, Matthew Carney or Stephen Bourne on 02 4904 8000...your starting point to peace of mind.

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Disclaimer - This article is offered for general information purposes only. It is not offered as and does not constitute specific legal advice or opinion. The accuracy of the information is not guaranteed. You should not act or rely upon any of the information contained within this article without seeking the advice of a qualified solicitor who specialises in the particular area of expertise and jurisdiction that you require

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