Last Updated: 2022-05-28 09:09:55
A family law dispute will have gone through many stages before it ends up at a final hearing. The purpose of this article is to describe the various stages of a family law matter.
A family law matter may settle and may be resolved at any time, during any of its stages.
The Federal Circuit and Family Court of Australia was established in September 2021. New court rules and practice directions were introduced. These new rules and practice directions are very detailed and prescriptive and establish very clear stages in a family law dispute including some stages before parties commence Court proceedings.
A major emphasis of the new rules and practice directions is the requirement at any of the various stages of a matter to attempt to resolve the dispute via negotiations.
We welcome your enquires with our Family Law Team. We are committed to resolving your matter at the earliest stage possible in your Family Law dispute. We will work with you to develop solutions to your problem and do our utmost to ensure that we do so in a timely and cost-effective manner.
We aim to resolve your matter amicably and through alternative dispute resolution, without the need to resort to costly and time-consuming litigation. If we do need to engage in litigation for you, we are experienced and well equipped to defend your interests and progress your matter successfully through the Court system.
 See our article about the new Court at: https://elringtons.com.au/2021/09/family-court-merger/
 Federal Circuit and Family Court of Australia (Family Law) Rules 2021; Federal Circuit and Family Court of Australia (Division 2) (Family Law) Rules 2021;Federal Circuit and Family Court of Australia (Division 2) (Bankruptcy) Rules 2021
 See Schedule 1 – “Pre Action-Procedures” to the Federal Circuit and Family Court of Australia (Family Law) Rules 2021.
- In children’s matters, there is the additional requirement that parties attend mediation/counselling to resolve their dispute. Proceedings may only be commenced in Court only after an accredited Family Consultant has issued a certificate )a “section 60(I) Certificate – to the effect that the parties attended Mediaition or attempted to attend mediation and the Mediaition was unsuccessful or if mediation is inappropriate in that particular case.
 There are some exceptions to the requirement to comply with “pre action procedures” in some cases, for example, cases where is urgency, cases where there are allegations of child abuse and/or Domestic Violence.
 This does not apply to interim hearings which are scheduled for hearing at a time depending on the urgency of the matter.