Family Court Lawyers

The Court will not make a decision at the first Court appearance.

At the first return hearing in the Federal Circuit and Family Court of Australia (FCFOA), the Court Registrar can make several procedural decisions to manage the case. These include issuing orders for filing documents or exchanging evidence, setting timetables for case progression, and referring the parties to mediation or family dispute resolution to encourage early settlement. The registrar ensures both parties understand the steps they must take before the next court event.

In some cases, the registrar may also make interim orders, such as temporary parenting arrangements or property decisions, if urgent issues need addressing. If the matter cannot be resolved at the first hearing, the registrar will list the case for further hearings, helping the case move forward efficiently.

Interim Hearings

An Interim Hearing addresses urgent matters between the parties while awaiting the Final Hearing. During this stage, the court issues temporary orders that remain in effect until all evidence can be fully reviewed and a final decision is made after the complete hearing process.

At an Interim Hearing, the Judge or Senior Judicial Registrar relies on the Affidavits submitted by both parties, focusing on any agreed facts and identifying disputed issues. Since the court does not assess the credibility of each party’s claims at this point, it cannot determine which version of the facts is truthful. Instead, the court bases its decision on the facts that are not contested and any independent evidence, such as reports or subpoenaed documents, as cross-examination is typically not allowed at this stage.

Consent Orders

At any stage during court proceedings, the parties have the option to negotiate and reach a final agreement, which can then be submitted to the Court for formal approval. If this happens, the Court will issue Final Orders that reflect the terms of the agreement, as long as the orders are deemed just and equitable in property matters or in the best interests of the children in parenting cases.

Final Hearing

The Final Hearing is the final court event where the Judge listens to the evidence and then delivers judgement. Prior to the Final Hearing, the parties and witnesses will have filed Affidavits. At the Final Hearing, the parties and all other witnesses, including the family report writer, will give evidence and be cross-examined in relation to their evidence.

Usually the parties will instruct a barrister to attend and speak at the Final Hearing on their behalf. The Barrister will make submissions at the conclusion of the Final Hearing, summarising the evidence that supports why the Court should make the orders sought by their client.

It is rare that a Judge will give his/her judgement on the day of the Final Hearing. Usually, the decision will be handed down at least 2 or 3 months down the track.