Court Representation

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.

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.

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

1. 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.

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 are significant enough.