YOUR DAY IN COURT - THE DIRECTIONS HEARING OR CASE CONFERENCE
When either yourself or your partner has filed an Application (for Property Orders and/or Parenting Orders), in the Federal Magistrates Court the first date that the Court will allocate will be for a Directions Hearing or Conference.
"Why does the Court have a Directions Hearing or Case Conference?"
- The Federal Magistrates Court takes a proactive role in managing matters that come before it.
- A Directions Hearing or Case Conference is conducted by a Registrar of the Federal Magistrates Court (not a Judge) and at the Directions Hearing, the Registrar will:
- Enquire as to whether all parties have filed all necessary initial documents in Court;
- Enquire as to whether both parties have attended an Information Session;
- Enquire as to the status of negotiations between the parties and facilitate any settlement discussions;
- Make directions as to the progress of your matter in Court.
- Enquire as to whether all parties have filed all necessary initial documents in Court;
"What directions does the Registrar make at this hearing?"
- At the Directions Hearing or Case Conference, the Registrar may make many different directions for the ongoing conduct of your matter in Court, but typically these directions may include the following:
- A direction that yourself and your partner obtain and exchange market appraisals or valuations of any assets (for example, the former matrimonial home);
- An Order for further confidential counselling at the Family Court;
- A standard Order for the production of certain financial documents;
- An Order directing the parties to amend any documents where necessary;
- An Order allocating a date and a time for the holding of a Conciliation Conference.
- A direction that yourself and your partner obtain and exchange market appraisals or valuations of any assets (for example, the former matrimonial home);
"What happens in Court on the day?"
- On the day of your Directions Hearing or Case Conference, we will either meet you at Court, or travel with you from our office to the Court.
- It will be necessary for you to attend Court with us on the day of your Directions Hearing or Case Conference (although there are some limited exceptions to this rule).
- The Directions Hearing or Case Conference usually takes about 15-20 minutes.
- There is no need for you to give any evidence nor to say anything to the Court. We speak on your behalf.
- The Registrar may ask us or your partner's solicitor to provide a background summary of the relevant matters in dispute in your matter and a general summary as to how negotiations in your matter have progressed.
- The Registrar will then make the further directions for the ongoing management of your matter in Court.
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Dear Brett & Catherine,
… if you require references for clients at any stage feel free to have them call me on my mobile number.
We are proud to be Hartley Family Law’s first and winning case since its inception, a little landmark I guess.
All the best to you both
