Whether a case involves parenting issues, property disputes, or both, the family court procedure in Australia might vary based on the specifics of each situation. Although the preparation and filing of family court
Australia paperwork is the typical first step in the trial process for family courts. A Family Court initiating application must be submitted by the party initiating the case. The application must be supported by an affidavit or a sworn declaration outlining the applicant’s supporting documentation. The person answering the action will submit a Response to Initiating Application, a supporting Affidavit, and, in property cases only, a Financial Statement (which will outline the orders they want the court to impose).
The next phase of the first family court date. The Family Court will issue procedural orders regarding how the case is to proceed and what measures the parties will follow at the first family court date, which will typically occur between 6 to 12 weeks after the original filing.
Additionally, the interim hearing is held. The Family Court may schedule the case for an interim hearing at a certain time and day if the parties ask for interim orders. The judge will read the affidavits submitted by the parties and their witnesses during an interim hearing. Following this, the judge will hear brief oral arguments from the parties (if they are self-represented) or the parties’ attorneys regarding the orders that should be issued in light of the Affidavits’ evidence and the law. At this point, neither the parties nor their witnesses are permitted to testify orally; therefore, the Family Court cannot determine who is or is not speaking the truth.
The conciliation conference is the next step. The parties may be ordered to attend a conciliation conference for property disputes. With the aid of their attorneys and a court-appointed Registrar or mediator, the parties can discuss and try to come to a final understanding during a conciliation conference, which is essentially a mediation. If parties can come to a final understanding at this point, they may enter into Consent Orders, which, once issued by the court, will put an end to their case. If the parties cannot agree, the Family Court will issue further procedural instructions, including new deadlines for completing particular elements in the procedures.
The family report and/or expert report is the next step. Before a final parenting case hearing, a court-appointed family consultant or an outside psychiatrist must interview both parties and the children. The consultant or psychiatrist then creates a thorough report that is shared with the parties, their attorneys, and the judge. The recommendations in this report will be for the judge’s ultimate orders.
Australia’s family courts hold the final hearing. If the parties cannot agree, their case will be scheduled for a final hearing on a specific date and time. Typically, a final hearing lasts one, two, or three days. Each party and their witnesses will provide their evidence in an affidavit before the final hearing, which the court and both parties will read before the hearing. They will also be required to testify orally in court during the final hearing. The legal counsel for the opposing side will also have a chance to interrogate them over their supporting documentation.
A person might anticipate receiving a judgment following the family court procedure in Australia. After the trial, the judge will render a decision and explain it within about three months. The date for delivering the judgment will be communicated to the parties, and they must appear in person at Family Court on that date.