Steps to be Completed Prior to a Final Hearing
Before parties can attend a final hearing, they must follow a compulsory pathway outlined by the court. This pathway will include both private mediation and court events. Some of the court events you may encounter include, firstly an interim hearing. The purpose of this event is for the judge to make a decision about particular interim issues in dispute. Interim Orders remain in place until the matter can be finally determined. An example of an interim order could include for a sale of property or short-term parenting arrangements.
Another event you will encounter is a directions hearing; this is a type of procedural hearing that may occur where orders are required to progress the case. It is preferred by the Court that the parties attend this hearing with a consolidated approach to the next steps. A common outcome of a directions hearing is ordering the parties to attend mediation or detailing steps to prepare the matter for an interim or final hearing.
You are also likely to attend a compliance and readiness hearing. This occurs when dispute resolution is unsuccessful, or there are still outstanding issues in dispute. The purpose of this hearing is to ensure the parties have complied with all court orders and are ready to proceed to final hearing. Prior to this event parties are required to complete a Certificate of Readiness, to confirm their compliance.
If after the completion of the prior mentioned steps the matter remains unresolved it comes before a judge for final determination.
It is important to note that very few matters proceed to a final hearing; in fact, only 11% of all family law proceedings actually eventuate into a final hearing. This is due to a rigorous case management pathway that heavily promotes alternative dispute resolution. Further, the costs and time it can take to reach a final hearing are also an incentive for the parties to attempt to reach a settlement.
Prior to the final hearing, there are several documents that need to be prepared and/or filed with the Court. These may include:
- An Affidavit from yourself and your witnesses;
- A Minute of Order, which is the document setting out the final orders you are seeking;
- A Cost Notice, disclosing the costs you have encountered to this date and your anticipated costs to the conclusion of the proceedings;
- A Case Outline containing a chronology and your written submissions; and
- A Financial Statement (if property proceedings);
During a Final Hearing
Following the Covid-19 pandemic Judges may elect to have the matter heard electronically via Microsoft Teams rather than in person at court. This will vary be depending on what Judge will be hearing your matter.
The final hearing can vary in length depending on the complexity of your matter and the issues remaining in dispute. At the final hearing, each party is given the opportunity to present their case to the judge. This includes:
- An opening address – each party tells the judge about their case;
- Giving of evidence – this includes each of the parties and their witnesses, and cross-examination by the other party or parties; and
- The argument – where each of the parties makes submissions to the Court about the evidence and the law.
Providing there are no delays, and the matter is heard in its entirety, the judge will make a decision and deliver reasons for the judgment. This may be on the same day, or a later day depending on the time needed to consider the case.
The process of a final hearing can be extremely costly for the parties. There are also scenarios where the matter is not heard in its entirety and must be rescheduled to a later date. This later date depends on the judicial officer’s calendar but could be months later.
Due to the time, resources and costs of preparing for a final hearing it is always encouraged that the parties make every attempt to resolve their matter prior, if possible.
If you have any questions or concerns about your upcoming final hearing or are involved in Court proceedings and are unsure about the next steps along the Court pathway, please contact Frank Law on (02) 9688 6023 and arrange a free first conference with one of our experienced family lawyers.
This is not legal advice.
