Guide to Proceedings Fact Sheet

What happens when I go to court?

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.

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.

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