Once you have commenced proceedings in the Federal Circuit and Family Court of Australia your matter will be allocated a first return date. In most instances, the first return date will be 4-8 weeks from the date that your application was filed and will take place before a Judicial Registrar.
The purpose of a first return date is to triage and assess matters and to put a procedural plan in place for the progression of the matter.
On the first return date, it can be expected that the Court will consider:
1. Whether any Orders can be made by consent. This can include procedural orders and more substantive orders in relation to both parenting and property matters;
2. Whether the pre-action procedures have been complied with. If you are unsure of your obligations to comply with the pre-action procedure you should click here;
3. The issues that are in dispute and whether an alternative dispute resolution process such as mediation, or a Court based dispute resolution service will be of assistance in resolving those matters;
4. If alternative dispute resolution is not appropriate, whether an interim hearing is required; and
5. What Orders and directions are necessary to progress the matter.
The orders and directions that are made on the first return date will vary depending upon the issues in dispute and how much work has been carried out prior to the first return date. It can be expected that the following Orders may be considered:
A. In parenting cases, the Court may make orders in relation to:
a. The production of notes and records from the Police and child welfare agencies;
b. The appointment of an Independent Children’s Lawyer; and
c. The preparation of an expert report if this will be of assistance to the parties and the Court in resolving the matter.
B. In property matters, the Court may make orders in relation to:
a. The exchange of financial disclosure; and
b. The preparation of valuations, including real property and business entities.
In general, Orders will not be made on the first return date for parties to attend dispute resolution until such time as the Court is satisfied that the matter is ready to progress to that stage. However, if on the first return date the Court is satisfied that the matter is ready to progress to mediation it is open to the Court to make those Orders.
Sometimes there is urgency attached to a matter or an issue in dispute such that the issue requires immediate determination. In those circumstances, and should the Judicial Registrar consider it necessary, the matter can be transferred to a Senior Judicial Registrar or a Judge for interim determination.
As family law solicitors, we at Robinson + McGuinness are able to advise you in relation to your rights and entitlements and assist you to finalize matters following separation. We are also able to represent you in litigation before the Federal Circuit and Family Court of Australia. Please contact us today on (02) 6225 7040 or by email at info@rmfamilylaw.com.au or get started now online.
Author: Peta Sutton