If you are involved in or looking to commence Court proceedings, you may want to know more about the process and what each Court event entails. If you are looking for more information about the first Court event, click here to read our blog about the first return.
Today, we will be focusing on the ‘interim hearing’.
Not all parties in litigation will proceed to an interim hearing. If you have commenced proceedings and are seeking ‘interim’ orders, it is likely that your matter will be listed for an interim hearing if you and the other party cannot reach an agreement.
What happens at an interim hearing?
Usually, an interim hearing is listed before a Senior Judicial Registrar, or in certain circumstances, before a Judge. The purpose of an interim hearing is for the Court to determine any issues that need to be determined prior to a final hearing.
For example, suppose you and your former spouse cannot agree about whether your jointly owned property should be sold, and one of you is living in the property but defaulting on loan repayments. In that case, there may be an argument about what happens with that joint property.
Interim hearings can also be directed to determine whether one party requires financial support (in the form of spousal maintenance) or to restrain one or both parties from selling joint assets.
In parenting matters, interim hearings can be directed to resolving disputes about temporary care arrangements, arguments about various testing (such as alcohol or drug testing of a parent) or whether it is necessary to obtain further evidence (for example, in the form of a family report).
Depending on the urgency and complexity of the matter, your matter will often be listed alongside some other matters. The judicial officer will conduct a ‘call over’ of sorts, to see whether any matters are likely to resolve and consider the priority in which each matter should be heard.
Usually, the judicial officer will ask the parties whether there is any scope for resolution. At this juncture, parties may negotiate to see if any agreement can be reached. Sometimes, a judicial officer will give a preliminary opinion about the issue in dispute, which can assist parties in resolving.
If you cannot reach an agreement about all or some of the issues in dispute, your matter will then proceed, or be given a ‘marking’ (or a time at which it will be heard later that day).
What happens in the lead-up to an interim hearing?
At the first return, it is likely that the Court will make directions for you and your former spouse to file any necessary Court documents to prepare the matter for an interim hearing. This may include updated consolidated affidavits; orders to obtain further evidence (such as material from the police and/or child protection agencies); and an outline of the case document.
You should expect there to be negotiation in the lead up to the interim hearing, to see if you and your former spouse can resolve the issues in dispute (or narrow them).
How long does a decision take?
It depends on the complexity of the issues in dispute. Sometimes an interim decision is made on the same day; sometimes the judicial officer requires more time to consider the issues in dispute. More complex matters can take time. Often, judgment will be reserved and handed down on a later date, with written reasons given.
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.