For more information about the initial stages of a matter involved in Court proceedings, we invite you to review our previous blogs about:
At a compliance and readiness hearing, your matter will likely be set down for a final hearing (provided that your matter is ready to proceed to a hearing).
What is a final hearing?
Whilst an interim hearing is a curtailed hearing, in that the Court cannot make findings of fact and takes each party’s evidence at face value, in a final hearing, the Court can make findings of fact and will assess each party’s credit.
At a final hearing, a judge makes a decision that determines your matter on a final basis. This decision is intended to be full and final. For example, in a parenting matter, the Judge often makes a decision about the care arrangements for a child until they reach 18 years of age. In a property matter, this is usually a decision about your final property settlement.
How long is a final hearing?
The length of a final hearing will depend upon a number of factors, including the complexity of the matter, the issues to be canvassed and the number of witnesses. Dates are allocated by the Court, based on the urgency of the issues for the Court to determine and how long the matter has been before the Court.
What do I need to do to prepare for a final hearing?
In preparation for a final hearing, you will be required to prepare a final application setting out the orders you seek the Court makes. In support of your application, you will also file a trial affidavit which contains your evidence. This is usually much more comprehensive than any affidavit you would have prepared for an interim hearing (which is limited to 10 pages and 5 annexures in a Division 2 matter; or 20 pages and 10 annexures in a Division 1 matter).
Usually in advance of preparing your trial affidavit, you can issue subpoenas which can assist you to determine what evidence will be available to the Court (and therefore whether your final position before the Court is backed by evidence).
Prior to a final hearing, you should ensure that any other Court documents are up to date. For example, in a parenting matter, you would likely also file an updated notice of family violence, child abuse or risk document to take into account what has occurred since the filing of your original Court documents. In a financial matter, you would file an updated financial statement to set out your current financial circumstances.
To avoid the necessity of a final hearing, you can enter into negotiations with a view to reaching agreement or narrowing the issues in dispute. As many matters settle prior to a final hearing, the Court often ‘overlists’ matters, which means that multiple matters may be listed at the same time before the same Judge. If this occurs, the Court will likely make an assessment as to urgency and estimated length and decide which matter should proceed first.
Preparing for a final hearing can be complex and time-consuming. It is best to prepare early, and obtain specialist legal advice about the merits of your application and what evidence you need to place before the Court in support of the orders that you seek. Our specialist family lawyers here at Robinson + McGuinness can guide and support you through your Court proceedings, from start to finish. To arrange an appointment with one of our family lawyers, please complete the enquiry form below or call us on (02) 6225 7040 or email info@rmfamilylaw.com.au, or get started now online.