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Going to Court

Despite best efforts, it is sometimes necessary or urgent for Court proceedings to be commenced to resolve your family law matter or to avoid an unjust or unfair outcome.

We have a working knowledge of family law property and parenting matters and are experienced advocates. We are familiar with Court systems and processes and can represent you for a range of issues.

The passing of recent legislation has amalgamated the Federal Circuit and Family Court of Australia (FCFCOA), creating a unified structure with standardised rules, case management processes and forms.

Commencing proceedings

Under the new Rules, the Court will require you both to undertake a number of steps before commencing proceedings in the FCFCOA.

This can include:

  1. In parenting matters, the parties will be required to attend Family Dispute Resolution and make a genuine attempt to resolve their matter before an application for parenting Orders can be made.
  2. In property matters, the Court will expect both parties have exchanged their financial documents and attempted dispute resolution.

Urgent applications and interim orders

We try to assist you in avoiding Court proceedings wherever possible, however, sometimes your matter may be urgent and requires the Court to make an interim Order.

Interim Orders are temporary, and usually remain in place until a final hearing.

Injunctions and restraining Orders may be necessary to provide urgent financial assistance in the form of spousal maintenance, or to prevent one party from removing assets out of a jurisdiction. Urgent applications may also be needed in cases where family violence is present or the best interests of the children are, or may be, threatened.

Going to Court for your family law matter can be unnerving, and there is a lot of work involved in preparing to go to Court. We can provide you with advice tailored to your circumstances and will help you navigate the Court process to achieve a fair result.

If you need any further assistance please contact [email protected] or call (07) 5536 1140 for a no-obligation discussion and for expert legal advice.