Family Law Litigation & Dispute Resolution
Through litigation, you can apply for orders regarding family law disputes in any of the following areas:
- Parenting
- Financial or property
- Maintenance
- Child support
- Medical procedures
- Nullity
- Validity of marriage, divorce or annulment
- Passports
While many family law disputes can be resolved through private negotiation or mediation, litigation may become necessary where parties cannot reach agreement.
We aim to resolve family law disputes efficiently and with minimal conflict wherever possible. However, when litigation becomes necessary, we provide strategic advice and strong representation throughout the court process.
Use the button below to book an instant legal consultation, or a free call with an experienced family lawyer to discuss how we can assist your family law disputes.
Our expertise and resource to Family Law Disputes
We can assist you throughout every stage of the dispute resolution and litigation process, including:
- advising on your legal rights and options
- preparing court documents and evidence
- negotiating settlements with the other party
- representing you in mediation and dispute resolution conferences
- advocating for you in court proceedings
Our goal is to provide clear, strategic advice and effective representation to help resolve your family law dispute as effectively and efficiently as possible
We have been working with experienced family law focused barristers, mediators, reporter, valuers, psychologist, therapists and interpret. We aim to provide you with reliable and comprehensive service in obtain final settlement.
Timeframe of Family Law Proceedings
Family law litigation can take time. Depending on the complexity of the matter and the Court registry involved, it may take approximately two or more years from the commencement of proceedings to reach a final hearing.
However, many matters are resolved earlier through negotiation or mediation during the litigation process.
Procedure of Family Law Proceedings
1. Pre-Action Procedures and Family Dispute Resolution
Unless your application is urgent or it is unsafe for you to do so, parties involved in parenting matters must attend Family Dispute Resolution (FDR) before filing a court application.
FDR is a mediation conference attended by both parties and facilitated by a Family Dispute Resolution Practitioner. The purpose of the conference is to encourage the parties to reach an agreement regarding parenting arrangements without going to court.
We can assist by:
- preparing you for the FDR conference
- representing you at private mediation
- helping formalise any agreement reached into a Parenting Plan or Consent Orders
If an agreement cannot be reached during FDR, the practitioner will issue a section 60I certificate, which is generally required when commencing court proceedings relating to parenting matters.
2. Commencing or responding to Court Proceedings
If the pre-action procedures have been complied with or an exemption applies, a party may commence proceedings by filing an Initiating Application and supporting documents with the Court.
The application must then be served on the other party, who has the opportunity to file a response.
Depending on your circumstances, we will take detailed instructions from you to prepare the relevant documents. These documents will:
- explain your circumstances to the Court
- outline the orders you are seeking
- provide supporting evidence for your case
The documents must then be sworn or affirmed before they are filed with the Court
3. First Court Event
The first court event takes place 1-2 months after filing.
This is usually a procedural event heard by a judicial registrar, who will make directions to progress your case along the court path within a reasonable timeframe. The purpose of this hearing is to ascertain whether the parties have made a genuine attempt to resolve the dispute outside of court, to identify the issues in dispute between the parties and to consider whether the matter is suitable for court funded dispute resolution or external mediation, with regards to the means and resources of the parties.
The court may also list the matter for an interim hearing, or order for dispute resolution if deemed necessary.
4. Dispute Resolution During Proceedings
If the Court considers it appropriate, the matter may be listed for court-based dispute resolution, such as a conciliation conference or judicial settlement conference.
These conferences usually occur within several months of the commencement of proceedings. Prior to the conference, parties are required to file relevant documents to assist with meaningful negotiations.
If the parties reach agreement, the registrar may make binding orders by consent.
Alternatively, the parties may arrange private mediation or other dispute resolution processes. Our lawyers can assist in preparing for and attending these negotiations.
All dispute resolution discussions are confidential.
5. Interim Hearing (if necessary)
An interim hearing may be required when the parties need the Court to decide urgent or interlocutory issues before the final hearing.
Examples of interim issues may include:
- temporary parenting arrangements
- whether a property should be sold for division
- whether funds should be preserved or placed in trust
- whether a child should spend supervised time with a parent
- temporary financial support or mortgage payments
An Interim Hearing is usually a half-day court event. Most of the time, we will brief counsel, also known as barrister, to appear at the Interim Hearing. This is because the outcome of an Interim Hearing can have a significant impact on the parties’ bargaining power and may indirectly affect the outcome of the final hearing.
The Court allocates limited time for interim hearings, so it is important that the issues are presented clearly and efficiently.
6. Compliance and Readiness Hearing
A Compliance and Readiness Hearing will be scheduled to arrange Final Hearing.
The purpose of this hearing is to ensure that:
- both parties have complied with their disclosure obligations
- all required evidence has been filed or to be filed
- the matter is ready to proceed to final hearing
The parties will also identify the remaining issues in dispute and ensure the case will be ready for final hearing.
7. Final Hearing
The final hearing, also known as trial, is when the judge hears and determines the case.
During the hearing:
- each party gives evidence
- witnesses may be called
- expert witnesses may also give evidence
- both parties’ lawyers or Counsel will conduct cross-examination
Cross-examination involves questioning witnesses to test the evidence presented to the Court.
Final hearings may last several days, depending on the complexity of the matter.
The process can be stressful, but our team will work closely with you and your Counsel to ensure you are fully prepared for the hearing.
After considering all the evidence, the judge will need 3-6 months to prepare for and deliver a judgment (decision of the court).
You are however having the opportunity to reach consent orders before the judgment delivered.
8. Final Hearing
The final hearing, also known as trial, is when the judge hears and determines the case.
9. Implementing orders
We will outline and explain the final outcome of your matter and your obligation to comply with the orders.
We have been work with conveyancers, agents, brokers and accountant to assist with the implementation of your financial orders.
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