In the Federal Circuit and Family Court of Australia (FCFCOA) there are new rules, new forms and new procedures. The pre-action procedures explain what steps a family law litigant must take before starting Court proceedings. You need to certify that you have made a genuine attempt to settle the matter. You do this by filing …
If your divorce is not going well, you need to take action now before it is too late. The consequences of a poor property settlement or unworkable parenting orders will have drastic and long term consequence for your life and that of your children. Can I change my divorce lawyer? If you are feeling ignored …
The first court date is also known as the first return date, or the first mention date. As this is the first time that your matter will be listed before the court, it is a very important event. If you are represented by your lawyer, then you do not need to attend in person, however you may still choose to attend, especially if you think there is a good chance to negotiate with the other side.
The duty of disclosure requires all parties to provide the court and each other party all information relevant to an issue in the case. This includes information and documents that the other parties may not know about. Parties can request that certain documents be exempt from disclosure on the basis of privilege or relevance to the dispute.
The Family Court has developed a trial process aimed at minimising the negative impact that an adversarial trial can have on the parties involved, especially the children. The Family Court takes a less adversarial approach to trials in child-related proceedings. This means a trial in a child-related proceeding. Is focused on the children and their …
