The Court Process

By 30 May 2019 Family Law
The Court Process
Step 1 Application

Step 1:

File your application to the Court, you’ll be given a first return date (approximately 3 months)

Step 2 Go To Court

Step 2:

You’ll go to Court simply to submit the issues, and you’ll usually get some interim Orders to go away and follow. This may include attending a conciliation conference or mediation to attempt to resolve the issues. (approximately 3 months)

Step 3 Mediation

Step 3:

You’ll go away and try to sort out the issue at a mediation. (approximately 3 months)

Step 4 Schedule The Hearing

Step 4:

If you haven’t sorted it out by now, you’ll go back to Court and ask for a date or several dates for the Judge to hear your case. (approximately 6-10 months)

Step 5 Hearing

Step 5:

You’ll go to Court for your Hearing, but have a high chance of not being heard that day due to:

  • the other party not being ready;
  • Someone being unavailable to attend (barrister, solicitor, client or witness);
  • Further evidence being filed late and the other party being given time to consider it and respond;

You will repeat this until everybody is ready and the stars align. (on average can take up to 2-3 years).

Step 6 The Waiting Game

Step 6:

The Judge will hear all the issues, evidence and submissions – then ask you to go away and WAIT until his or her Honour hands down a decision on your case. (approximately 6 months)

Step 7 Judgement

Step 7:

You’ll get the decision that you may or may not be happy with.