LITIGATION IN THE FAMILY COURTS OF AUSTRALIA

Family Law Help - going to Court in the Family Courts

Whether you intend commencing proceedings responding to an Application or are already involved in Family Court proceedings relating to any Family Law matter (when we refer to Family Court we are referring to both the Federal Magistres Court and the Family Court of Australia at Brisbane) then you should have engaged experienced specialist famly Lawyers.  The partners at Family Lawyers & Mediation Services have more than 20 years experience each in the Family Courts offering guidance through the Court system.

Whilst FLMS lawyers will zealously represent you we are also mindful of the costs of litigationand the clear benefits of reaching an agreement through negotiation and mediation.

What are the steps in the Family Courts

The following are the usual stages proceedings in the Courts follow:

	The initial or first return date.
	Interim hearing date (usually at the time of the first return date);
	Inspection of documents delivered to the Court in answer to Subpoena's by the parties;
	Mention or adjournment dates (this happens when the Court makes orders until the next court date);
	Orders that the parties attend mediation;
	Orders that the parties attend a family counsellor or family report or attend other experts; and
	Final Hearing (and possibly an appeal by an unhappy party)

This is only a simple overview but it demonstrates that going to Court does not mean you turn up on day one and get a decision - it is a very long process easily six to twelve months and sometimes longer from beginning to end.  Don't forget it doesn't end at a trial as appeals are available and add further uncertainty to outcomes.  FLMS lawyers help their client's through this maze of court dates and proceedures and try and minimise them where ever possible.

The cost of litigation can't be predicted because of unexpected events along the way and the attitude of the other party and his or her lawyers.  There are times when a Court hearing is scheduled and the court then advises (after being there all day) that it has no time that day to deal with your matter, then with an adjournment being ordered. 

Sometimes lawyers don't take an advisory approach and let their client's emotional involvement direct the course of the litigation process.  This usually adds to the cost and length of litigation.  We always attempt to minimise costs for our clients by guiding them and being able to anticipate and pre-empt the moves of the other parties and their lawyers.  This allows our clients to be better placed to achieve the outcomes they are looking for.

A Note about Disclosure

Parties in litigation in the Family Courts have obligations of disclosure (meaning providing documents for inspection or copying by the other side).  Disclosure can be an expensive process and our litigation lawyers will guide you through this process helping to minimise both the cost and stress of complying with the courts rules.