The Federal Circuit and Family Court of Australia (FCFCoA) have been designed to be a one entry point system to support and facilitate the timely resolution of family law disputes. A downside of this, however, is that there may seem like an overwhelming number of events and Court ‘triaging’ from filing to finalisation. It is important to familiarise yourself with the types of Court events, to help you understand what can and cannot be achieved at a certain time in your matter.
Most matters will involve one or more of the following Court events:
1. Mention / Directions: this may be before a Judge, Senior Judicial Registrar (SJR) or a Judicial Registrar (JR). Your matter is likely to be one of several, and will usually be allocated a short period of time. The Court is unable to deal with any “meaty” concerns at this time (i.e. where a child is to live, how property is to be divided), but instead looks to confirm whether your matter is ready to proceed to a type of hearing or alternative dispute resolution process, and if not, what needs to happen to get it ready. In a Mention or Directions hearing, Orders may be made for the gathering of further evidence (such as by way of Subpoena, by the production by one party or both, or by the undertaking and preparation of an expert report or valuation).
2. Hearing: this may be before a Judge or an SJR. While an SJR only has delegated power, such as to make a decision on interim arrangements, a Judge has the power to make a decision on both interim and final arrangements. Usually, your matter will have been listed for Mentions and Directions along the way, to ensure it is ready to proceed to hear. If it is an interim hearing, you may be one of a few matters listed on any given day, with a set period of time in which to run your case. If it is a final hearing, you may be the only matter, however, there are still time constraints and your matter will be allocated a set number of days or half days.
3. Conciliation Conference: this is a type of dispute resolution for property matters. This is where a JR will act as a mediator/facilitator, endeavouring to broker an agreement if possible between the parties to achieve a property settlement. The JR does not have the power to make a decision, however, can make Orders if the parties are able to reach an agreement. You may be the only matter listed before the JR in that period of time, however, it is a fixed period of time that it runs for, usually half a day.
4. Court Facilitated FDRC: this is a type of dispute resolution for parenting matters. This is where a JR will undertake an intake with each of the parties on a separate day, to see what the extent of the dispute is and whether there are any common ground/specific issues to be aware of. They will then, if they determine suitably, undertake a mediation on a separate day. While it may be that some of the mediation is held together with all parties involved, at other times, it may be the JR talks to one party (and their lawyer) and the other party has a break. The JR will then talk to the other party (and their lawyer) and see what agreement, if any, can be reached. This is often referred to as a “shuttle” conference. Like a Conciliation Conference, the JR cannot make a decision if the parties are unable to reach an agreement. If an agreement is reached, the JR can however make Orders.
It is important to know what Court event your matter is listed for, as this will constrain what you can ask the FCFCoA to do. If you are not prepared for the listing, and it needs to be listed again at another time, you may be at risk of paying some of the other party’s costs in the event it is determined that any waste or delay is your fault. For advice tailored to the stage and type of family law proceedings you may find yourself in, contact us today at (02) 6225 7040 or by email at info@rmfamilylaw.com.au or get started now online.