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Pre-action Procedures

Before being able to start proceedings in financial cases, parties are required to exchange notices of their intention to claim and comply with the duty of disclosure of assets. The other party is required to respond in a similar manner. Various financial documents are to be exchanged so that each party is familiar with the financial position of the other party.

Filing of Application

The Application which sets out the orders that you seek is filed in the Family Court, together with a Financial Statement and a copy of your Marriage Certificate. A filing fee is also payable at that time. When the Application is filed it will be given a first Court date approximately 28 days later. Sealed copies of the documents are served on the Respondent.

First Court date

The first Court date might be a Directions Hearing or Case Assessment Conference. The Deputy Registrar who will conduct the Directions Hearing or Case Assessment Conference will direct the parties in an attempt to negotiate a settlement and will ensure that pre-action procedures have been complied with. If agreement is not reached at the first Court date then the Deputy Registrar will direct that a Conciliation Conference be held and will make directions that are appropriate for the preparation of that Conference.

Conciliation Conference

This is a Conference conducted by a Deputy Registrar in an office. The parties and their lawyers attend. The Conference is a time when there are detailed negotiations with the assistance of the Registrar to attempt to resolve the proceedings. At the conclusion of the Conference, if an agreement has not been reached, the Registrar will issue a Trial Notice, setting out the directions to prepare the case for hearing. The Registrar will also allocate a date for a Pre-Trial Conference.

Pre-Trial Conference

The Pre-Trial Conference is attended by the parties and their lawyers. It is conducted by a Registrar who will ensure that all previous directions have been complied with. The Registrar will allocate a date for hearing of the case before a Judge.

Final Hearing

This is also called a trial. A day or a number of days will have been allocated for the hearing sufficient to allow the parties and their witnesses to give their evidence and for the Judge to hear the submissions made by the lawyers. At the end of the hearing the Judge will give a Judgment and Orders finalising the proceedings.