Guide to Proceedings Fact Sheet

The diagram below shows a typical Family Court financial case that goes all the way to a hearing by the Judge 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 Federal Magistrates Court for a financial case are similar.

Some of the terms used in the diagram are "Pre-Action Procedures", "Case Assessment Conference", "Conciliation Conference", and "Trial" ... a brief description of these terms follows.

Pre-Action Procedures
Usually, before commencing court proceedings you are required to follow specified "Pre-Action Procedures".  This includes making full disclosure of your financial circumstances and trying to reach a settlement.

Case Assessment Conference
• Normally both you and your spouse attend together with your legal representatives.  The Conference is run by a Court Registrar.
• The purpose is to get everyone together in Court to try and settle the dispute and also to make sure all the initial documents have been prepared.
• If settlement is not reached a Conciliation Conference is usually ordered.  Orders will be made to ensure that full financial disclosure is made prior to the Conciliation Conference.

Conciliation Conference
• Both you and your spouse attend together with your legal representatives. A Registrar of the Court is also present.
• The Registrar tries to help the parties to settle. There is no rule that you must settle ... and some disputes go on to a trial before a Judge on another day.

Trial
The trial takes place before a judge.  Usually, there will be more than one appearance before the judge.  On the first day of the trial the judge usually just makes orders about the future conduct of the matter.  Sometime after the trial is concluded the judge will give a judgement.

 Sometimes after the Trial is concluded, the Judge will give a Judgement.











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