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Family Court Lawyers Sydney

Evolve Legal - Court Representation <span id=court-representation>   </span>

Court Representation  

Pre-action procedures include dispute resolution, communication and negotiation, and disclosure, and they should be engaged before considering attending court. Parties are required by the Federal Circuit and Family Court of Australia to comply with pre-action procedures before commencing proceedings.

There are a range of documents that must be filed when making an application to commence proceedings. Once your application has been filed and ‘sealed’ by the court, it must be personally served on the other party. If you are the respondent in court proceedings, you will be required to file a range of documents.

Usually, the First Court Event requires all parties to the proceeding to attend court. The Judge or Registrar will make a determination, seek facts and evidence, and give directions necessary to proceed. When a party contravenes a court order, various options are available, including an Application in a Proceeding, an Application Contravention, or an Application Enforcement.

At Ramsden Family Law, our family law specialists are highly skilled and qualified to represent you in court proceedings if your matter progresses to this stage.

Pre Action Procedures  

Pre action procedures are used by parties and legal representatives in an attempt to resolve part of whole of the dispute outside of court. Pre action procedures can include:

  1. Participating in dispute resolution (i.e. family dispute resolution / mediation);
  2. Communicating with the other party setting out your claim, providing a genuine offer to resolve the matter and negotiating settlement; and
  3. Observing the duty of disclosure.

The aim of pre action procedures is to encourage the exchange of information between the parties so that each party may understand the other’s objectives. In turn, hopefully leading the parties to quickly resolve their dispute, therefore limiting stress and legal costs.


Under the new Federal Circuit and Family Court of Australia, parties must attempt make a genuine attempt at resolving a dispute before commencing court proceedings. If the parties cannot resolve the dispute and commence proceedings, each party must confirm their compliance with pre action procedures by filing a Genuine Steps Certificate.

In some circumstances, pre action procedure will not be practicable, for example:

    1. The time limit is about to lapse;
    2. The other party is uncooperative, making negotiation impossible; and
    3. The matter is urgent, involves allegations of family violence or fraud.

Initiating court proceedings  

In order to make an application to commence proceedings the Federal Circuit and Family Court of Australia, the following documents must be filed:

  1. Initiating Application setting out the short term (interim) and long term (final) orders sought;
  2. If interim or urgent Orders are sought, Affidavit setting out relevant facts, circumstances and basis for your application;
  3. Notice of Risk (parenting matters only) setting out any concerns in relation to the safety of your child or children and documenting any allegations of domestic and/or family violence;
  4. Financial Statement (property matters only) setting out any and all assets, liabilities, financial resource, expenses and income;
  5. Financial and Parenting Questionnaires (depending on what type of Orders are sought);
  6. Genuine Steps Certificate confirming the party has complied with the pre action procedures designed to help parties reach agreements (and thus avoid court) or narrow the issues;
  7. Section 60i Certificate or Affidavit Non-Filing of Section 60i Certificate (if a parenting matter);
  8. Undertaking that the party has meet their duty to disclose to the other party (and the court) all relevant information and documents.

Once filed and ‘sealed’ by the court, your application needs to be personally served on the other party or respondent or their legal representation.


Next, the court will allocate a First Court Event for your matter.

Before the First Court Event is to take place, the other party needs to file the documents listed above in response to the Initiating Application and other relevant documents.

After proceedings have commenced and the parties have described their respective positions, attempts should be made to negotiate an outcome, whether that be in relation to interim matters or on a final basis.

Responding To Court Proceedings  

If you are named as the respondent in court proceedings, you will be personally served documents from the other party or applicant. You will need to file the following:

  1. Response to Initiating Application setting out opposition to the orders sought or other orders you seek the court to make;
  2. If interim or urgent Orders are sought, Affidavit setting out relevant facts, circumstances and basis for your application if you are responding to the interim or procedural orders sought or seeking alternate interim or procedural orders;
  3. Notice of Risk (parenting matters only) setting out any concerns in relation to the safety of your child or children and documenting any allegations of domestic and/or family violence;
  4. Financial Statement (property matters only) setting out any and all assets, liabilities, financial resource, expenses and income;
  5. Financial and Parenting Questionnaires (depending on what type of Orders are sought);
  6. Genuine Steps Certificate confirming the party has complied with the pre action procedures designed to help parties reach agreements (and thus avoid court) or narrow the issues;
  7. Undertaking that the party has meet their duty to disclose to the other party (and the court) all relevant information and documents.

The Response to Initiating Application and all relevant accompanying documents must be filed and served on the other party at least 7 days before the court date listed on the first page of the Initiating Application.

First Court Event  

The First Court Event requires all parties to the proceeding to attend court, and you can normally expect the following to occur:

  1. The Judge or Registrar will make a determination in relation to an application for interim orders sought by the parties. This will only happen if time permits and it is deemed urgent and serious to be dealt with at the First Court Event; otherwise, the matter will be set down for an interim hearing to be scheduled by the court at a later date).

The Judge or Registrar will also give directions pertaining to how the matter should proceed. The directions can vary, but common examples are:

  1. That the parties attend a mediation or conciliation conference;
  2. That disclosure is exchanged between the parties according to the duty of disclosure
  3. That a valuer is appointed to value property;
  4. Whether the appointment of an independent children’s lawyer is necessary;
  5. Whether a child dispute conference or child inclusive conference is to be attended by the parties;
  6. Whether a family report is to be prepared; and
  7. Any further directions that are sought by the parties, which may include directions relating to psychiatric assessment, drug tests and/or medical reports.

Trial  

It is always preferable that your matter is resolved outside of court through means such as family dispute resolution and direct negotiations between parties. However, if it is the case that your matter is not resolved then your matter will move to trial.

Typically, a trial date will be set 12 – 24 months after the filing of the initiating application.

When your court date arrives, you must ensure that you and any witnesses you have (those who have sworn affidavits) attend court. You and your witnesses will be examined by the court, under oath, in relation to the matters in dispute.

Your lawyer will also attend court, as well as a barrister, who will be fully briefed on all the facts and issues pertinent to your family law.

Once both parties have provided all of the evidence, the Judge will determine all of the matters in dispute.

Please note, however, that Judges usually issue judgements within 3 months of the hearing but may take longer.

There are obvious benefits to settling outside of court, but it is important to remember that pursuing court proceedings will be financially and emotionally draining and time-consuming.

Contravention orders  

Once orders have been made by consent or by order of the court, the parties are bound by those orders. A party can contravene an order or orders in a variety of ways, including:

  1. Deliberately choosing not to comply with the orders;
  2. Failing to make reasonable attempts at complying with the orders;
  3. Aiding or abetting a party to orders in contravening them; or
  4. Intentionally preventing a party to orders from fulfilling them.

If the contravening party provides a reasonable explanation as to the non-compliance of the order or orders, they will be excused by the court.

It is preferable that in the event a party contravenes an order, you attend family dispute resolution to resolve the dispute before applying to the court.

If one party to the agreement contravenes the orders, there are various options available.

  1. Application in a Case – if the proceedings are ongoing, you may file an Application in a Case asking that the parenting arrangements contained in the order are resumed or varied.
  2. Application – Contravention – if you are seeking the implementation of orders, you can file an Application – Contravention with the court. Before filing, please consider what it is you wish to achieve as the court can make the followings orders
    1. Varying the existing order;
    2. Ordering the existing order to be resumed;
    3. Compensating a party for lost time;
    4. Requiring a party to pay a ‘bond’;
    5. Puts a party on notice that they will be punished should they continue to be non-compliant;
    6. Punishes a party by way of fines or imprisonments; or
    7. Make further specific orders.
  3. Application to vary the primary order – To vary the primary order, a party must file an initiating application with a supporting affidavit outlining the significant change in circumstances. The primary orders will not be altered unless the change in circumstances is significant enough.

Why Choose Us?  

Specialist Team

Our team of approximately 16 family lawyers only offer divorce and family law services, so we know what we are doing.

Our Fees

We can offer fixed fees for certain work, work with litigation funders (who can help fund your legal fees) and are upfront with our fee estimates.

Quick Turnaround

Our extensive support team ensures each lawyer’s file load does not compromise their efficiency.

Resolution Focused

Our experienced family law team will explore all options to resolve your case without court intervention if possible.

Guiding You Through the Court Process with Confidence

Family court proceedings can be overwhelming, but having the right legal team by your side makes all the difference. At Ramsden Family Law, we are committed to providing strategic, results-driven representation while ensuring you feel supported throughout the legal process.

Whether you need expert guidance on pre-action procedures, strong representation in court, or assistance with compliance and enforcement of orders, our highly skilled family lawyers are here to help.

Let’s help you achieve a fair and just outcome—book your free 30-minute consultation with Ramsden Family Law today.

Why Choose Us

Specialist Team

Specialist Team

Our team of 16 family lawyers only practice family and divorce law so we know what we are doing.

Our <br>Fees

Our
Fees

We can offer fixed fees for certain work, payment plans and are up front with our fee estimates.

Quick Turnaround

Quick Turnaround

Our extensive support team ensures each lawyer’s file load does not compromise their efficiency.

Resolution Focused

Resolution Focused

Our experienced lawyers will explore all options to resolve your case without court intervention if possible.