So you are going to court! An overview of what you need to know if you are in the Family Courts презентация

Specialist
Mediator & Collaborative Family Lawyer

Also known as “The Happy Family Lawyer”
www.thehappyfamilylawyer.com

you should obtain advice specific to your family

Court?
What do and don’t Courts do?
What is the process to start proceedings in Court?
How does it work once I am there?
What happens at a trial?
Can I still reach agreements even if I am in Court?
Some tips and tricks and common misunderstandings to consider.

someone to make a decision on your behalf

As we are talking about the Family Courts, we will focus on issues relating to finances and children

someone to make a decision on your behalf.

Primary Reasons people find themselves in Court-
Urgency
Risk
Lack of cooperation
Significant difference of opinion about the best outcome

3-

Local Magistrates Court
Federal Circuit Court
Family Court

the role of the Court is to identify the legal issues in dispute, determine the evidence that is relevant to those issues, apply the law and accordingly make a decision!

(Yep it sounds like gobbly guke and that is why it is so confusing!)

that are not legal issues or where the Court has no power
Don’t provide relevant evidence but provide an overabundance of irrelevant evidence
Don’t understand the law or how it is applied

you complied with ‘pre action’ requirements?

Court date
The first Court date
After the first Court date
The Trial
The decision

Statement
Where to file them
How to serve them
Now sit back and wait!
Receive & review the Respondents material
Response, Affidavit, s60(i) certificate, Form 4, Financial Statement

Look for areas of agreement
Identify where there are differences
Prepare for the first Court date

you want
Chronology of important information
A plan for the Judge of where to from here
On the day
Dress respectfully
Leave kids and cheer squads at home
Be early & set aside the whole day
Find the Court and Associate
Be respectful at all times
Seek advice (duty lawyer)

to sit vs stand
How to address the Judge
LISTEN twice as much as you speak
Focus on answering the question

‘A holding pattern’
The Judge will want to know very quickly what you are there for and what ‘interim’ plan you see could move your matter forward

need to be able to either help you reach agreement or enable them to determine your matter?

Parenting- Family report, more information some form of contact, medical or school reports, ICL
Financial- Mediation/ conciliation conference- what more information will the Court need to reach a conclusion?
Valuations
Disclosure
Subpoena
AND Always comply with Orders!

Likely in Qld, Family Report and then a further Court date/ series of dates

Financial- Likely mediation then a further Court date

Sometimes further ‘interim hearing’
Sometimes directions hearings only
Sometimes mentions
All trying to move you to the end being a ‘Trial’

Same process each time- Prepare, know what you need and be respectful by assisting the Court

have read your material and is now ready to hear you and your former partner be cross examined
Applicant’s case
Respondent’s case
ICL
Submissions
Decision

time. You will not know until the end of your trial.

Interim orders will usually remain in place until a decision is made

You can appeal a decision but you must have lodged a notice to appeal within 28 days of receiving the decision

along the way & the Court will help you to do this
Drafting- Orders and Affidavits
Use headings
Be factual
Don’t exaggerate
Make concessions or admissions where appropriate
Don’t respond to ‘everything’

them!)
Be over prepared
Be respectful
Seek advice- community legal centers, duty lawyer
Know what you want but be prepared to compromise
Don’t involve your children
Be patient, it can be a long process
Always keep your eyes open for solutions- no matter how hard things become

are handing over your capacity to control your own destiny when it comes to your children or finances.