If your matter is already in Court, you may be wondering what happens next. Whilst you may be aware of the initial steps, the procedural pathway isn’t always clear to parties involved in Court proceedings.
The first time that your matter comes before the Court is usually the first return (see our blog post about the first return here if you have not already). If there are issues in dispute which require immediate determination, it may be necessary for your matter to be listed for an interim hearing (see also here for our blog post about the interim hearing).
After your matter has been listed for a first return and/or interim hearing, the next time your matter comes before the Court will likely be for a further directions hearing where a Judicial Registrar is likely to make orders about the future progression of your matter. This can occur at a further directions hearing; orders can be made at the conclusion of an Interim Hearing; or judicial officers will often grant leave to parties to provide consent orders for the Court’s consideration if the parties reach agreement about procedural matters (on an interim or final basis about any issues in dispute).
After any necessary interim hearing and prior to your matter being listed for a final hearing, it is likely that a judicial officer (such as a Judicial Registrar, a Senior Judicial Registrar or a Judge) will require parties in a matter to participate in dispute resolution. Dispute resolution can include a mediation, a family dispute resolution conference or a conciliation conference. The dispute resolution process can be Court-based or external, such as a private provider or through Legal Aid.
In a property matter where both parties have funds and financial resources available to them, parties may choose to participate in a private mediation whereby they select their preferred mediator. Orders providing for the parties to participate in a private mediation can usually be reached by agreement. If there is disagreement about the proposed mediator and/or payment of the mediator’s fees, a Judicial Registrar can make orders to determine these issues.
Alternatively, the Court can make orders providing for the parties to participate in a Court-based dispute resolution process, on the basis the Court is satisfied that this is appropriate, having regard to the means and resources available to the parties.
In a property matter, parties may be ordered to participate in a Conciliation Conference with a judicial registrar. A significant benefit to participating in this dispute resolution process is that if you reach a final agreement on the day, orders can be made to finalise your matter, and you can exit the Court system.
Parties are expected to engage in good-faith negotiations and make a genuine effort to resolve issues in dispute. At the conclusion of the dispute resolution process, a dispute resolution certificate is issued by the judicial registrar. If the Court finds that a party has not participated in good faith and/or has not made a genuine effort to resolve the issues in dispute, there can be cost consequences as a result of a party’s actions.
Prior to participating in a dispute resolution event, parties are expected to exchange relevant financial disclosures and, for property matters, obtain updated valuations if necessary. In a parenting matter, it can often be useful to participate in dispute resolution following the release of an expert report, such as a Child Impact Report or a Family Report.
If you are at the stage of your matter where you are considering participating in a dispute resolution process, it is worthwhile to engage a family lawyer to advise and guide you. A family lawyer will be able to identify any steps that need to be taken before participating in a dispute resolution process, and provide you with guidance as to possible settlement outcomes. They can also make sure you have the best possible chance of success in a dispute resolution process.
Our specialist family lawyers here at Robinson + McGuinness can assist you at any stage of your matter, including at the dispute resolution process. To arrange an appointment with one of our family lawyers, please complete the enquiry form below or call us on (02) 6225 7040 or by email on info@rmfamilylaw.com.au, or get started now online.