What happens at a Compliance and Readiness Hearing?

Compliance and Readiness Hearing

By Ezra Sarajinsky

· Read time: 3 minutes

A Compliance and Readiness Hearing takes place prior to a Final Hearing, to verify that both parties have adhered to all court orders and directives and are ready to move forward to a final hearing.

Should attempts at dispute resolution fail or if there are lingering unresolved issues, the case will be scheduled for a Compliance and Readiness Hearing, typically presided over by a Judge.

A Compliance Hearing will be overseen by either a Judge or a Senior Judicial Registrar. 

During this Compliance Hearing, the Judge or Senior Judicial Registrar assesses the extent to which each party has met their obligations as outlined by the court. This may involve a thorough examination of submitted documents, evidence, and any actions taken to address outstanding issues or fulfil court orders. 

Additionally, the hearing provides a platform for addressing any concerns or discrepancies that may have arisen throughout the course of the proceedings.

Subsequent to preceding Dispute Resolution events, this stage usually takes place within 6 months from the initial filing date.

Certificate of Readiness

Before the scheduled hearing, both parties are required to submit an undertaking affirming they have fulfilled their disclosure responsibilities. Additionally, they must provide a certificate attesting that the case is prepared for trial.

A Certificate of Readiness must be submitted to and served upon all other parties involved in the proceeding, as well as the Independent Children’s Lawyer (if appointed), through ordinary service, prior to the Compliance and Readiness hearing.

What takes place at a Readiness Hearing?

The purpose of a Readiness Hearing, as implied by its name, is to ascertain the preparedness of all involved parties for the impending Trial, ensuring that the case is suitably primed to progress to a resolution at a Final Hearing.

During this hearing, the Court verifies that all evidence, including affidavit material for both the parties and their respective witnesses intended to be utilised at Trial, has been properly filed. Additionally, the Court employs this occasion to validate compliance with preceding Orders, such as the procurement of valuations or other expert evidence anticipated to be relied upon during the Trial.

Moreover, at the hearing, the parties delineate the unresolved issues slated for determination at trial, while the judge, in turn, schedules the matter for trial.

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