Family Court Procedures And Milestones

1st Court Event: The Procedural Hearing:

When you or the other party file an application in the Family Court of WA, you are generally allocated a Procedural Hearing.

If your case also involves children’s matters, the procedural hearing will occur after your Case Assessment Conference.

If you have applied for interim orders, these will be considered at your first court appearance.

2nd Court Event: The Conciliation Conference:

For a property matter your next court appearance will probably be a Conciliation Conference.

The Conference does not take place in a Courtroom, you will work directly with a Registrar to try and negotiate a solution to your dispute.

At the Conference the Registrar may make procedural orders, setting out what you and the other party will need to do to prepare for the next stage of your case.

3rd Main Court Event – The Readiness Hearing

If your case is not resolved at your Conciliation Conference, your matter will be listed for a Readiness Hearing.

The purpose of this hearing is to decide if your matter is ready for trial.

Even if your matter is ready to go to trial, there may still be a delay before a trial date can be allocated.

All of your documents for trial must have been filed before the Readiness Hearing.

4th Main Court Event- The Callover

This is a procedural hearing where your matter is allocated a trial date.

5th Main Court Event- The Trial:

The Court hears all of the evidence at the trial before making a final decision.

You will be given the opportunity to state your case and submit any evidence to the Court.

A person who files an affidavit in the matter can be cross examined at trial.

6th Main Court Event: The Judge’s Decision

At the conclusion of the trial, the Court will make a final order for your case. This is usually done several months after the trial date. A written decision is usually provided to the parties setting out the reasons for the Judge or Magistrate’s decision.

  1. The Court Orders

A court order is legally binding from the moment it is made. If someone breaches a court order, you can apply to the Court to have it enforced.

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