What to expect at your first court date

At your first court date (referred to as a “first return date”) in the Federal Circuit and Family Court of Australia, there are a few things you can expect:

1. Initial Appearance: This is often a procedural hearing. Both parties and their legal representatives will be present to confirm that all necessary documents have been filed and to outline the issues in dispute.

2. Assessment of Progress: The court may assess the progress of the case and determine whether there has been any resolution or agreement made outside of Court.

3. Order for Further Steps: The judicial officer (e.g. Registrar, Senior Judicial Registrar) may set out the next steps, which could include ordering mediation, further document filing, or other procedural orders.

4. Temporary (Interim) Orders: If necessary, the court may make temporary (interim) orders regarding issues such as parenting arrangements, child support, or spousal maintenance to ensure the welfare of the children or parties until final hearing.

5. Mediation of Family Dispute Resolution (FDR): The judicial officer might direct the parties to attend mediation or family dispute resolution or family dispute resolution services if this has not already been done. This aims to resolve issues outside of court before proceeding further.

6. Legal representation: If you don’t have legal representation yet, the court might advise you to seek it. Courts have duty solicitors who can give brief advice, though they are not assigned to represent you.

Be prepared for the possibility that the matter may not be resolved on the first return date, as many family law cases take time to resolve. You may also be asked to provide additional documentation or clarifications regarding your claims.

It’s helpful to have all relevant documents, such as financial statements, affidavits, and any evidence you plan to use, ready and organised.

If you have any questions about this article please contact us today!