If you are involved in Court proceedings, or are considering whether to commence proceedings, you will learn that there are a number of Court events that all serve different purposes and will occur at different stages of the proceedings in a Court matter.
This blog post is designed to walk you through common Court events and shed light on at what stage of the proceedings they are likely to occur. Today, we will focus on the ‘first return’.
What will happen at the first return?
The first return is usually the first time your matter comes before the Court. The purpose of this listing is to determine what needs to happen next to progress the matter, including making orders for any procedural steps that need to take place.
What if my matter is urgent?
For urgent issues that require the Court’s determination, the matter might be listed for an interim hearing, either on a different day or on the same day. The Court can also make procedural orders to prepare the matter for an interim hearing, which might include ensuring that both parties have filed their Court documents, and making orders for the preparation of any additional material necessary to assist the Court to make an interim decision.
An interim decision is a short-term, temporary decision, usually made pending a final decision.
What type of procedural orders will the Court make?
The Court can make procedural orders to assist with any evidence that will be required for the Court to make a determination. For example, in financial matters, the Court may make orders for the appointment of Single Experts to prepare valuations of certain assets (such as a business interest, real property or personal property such as vintage motor vehicles or artwork). The Court can also make orders for the provision of certain disclosure, where a party is non-compliant.
In parenting matters, the Court can make orders for the appointment of a private Single Expert to prepare a report, or appoint a Court-based expert to prepare a report. The Court will also consider whether it is necessary to make orders compelling certain agencies (such as police or child protection agencies) to provide to the Court any material they hold about parents and/or children in a matter.
In particularly high conflict matters or if other conditions are met, such as serious risk issues, the Court may consider the appointment of an Independent Children’s Lawyer for any children the subject of the proceedings.
What if an interim hearing isn’t required?
If an interim hearing is not necessary, the Court can also make orders for the parties to engage in dispute resolution, such as a mediation, a family dispute resolution conference or a conciliation conference.
Who attends the first return?
Typically, the matter is listed before a Judicial Registrar with delegated powers which are more limited than a Judge’s powers.
You will need to attend, as will the other party. Your respective lawyers will also attend. If you have a lawyer, they can speak on your behalf and make submissions about what they say needs to happen next in your matter.
Whilst various States and Territories differ, the listing may occur in person or by videoconference.
What do I wear?
You should wear business attire or smart casual clothes. Most people will be wearing a jacket at the Court too.
Why should I have a lawyer at the first return?
Whilst it is not compulsory to have a lawyer act for you at the first Court event, it can have a significant impact on the future progression of your matter. For example, in an urgent parenting matter, it can be extremely important to ensure that a matter is progressing quickly to reduce the potential impact of delays, which could cause prejudice to your case.
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 by email on info@rmfamilylaw.com.au, or get started now online.