A bit about me!

Clarissa RaywardDirector Brisbane Family Law Centre

Accredited Family Law SpecialistMediator & Collaborative Family Lawyer

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

How will this work?• Please ask questions

• This is general information and remember you should obtain advice specific to your family

What are we going to cover?1. Why would you go to Court?2. Which Court?3. What do and don’t Courts do?4. What is the process to start proceedings in

Court?5. How does it work once I am there?6. What happens at a trial?7. Can I still reach agreements even if I am in

Court?8. Some tips and tricks and common

misunderstandings to consider.

Why would you go to Court?

Really only one reason- to get 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

Why would you go to Court?

Really only one reason- to get someone to make a decision on your behalf.

Primary Reasons people find themselves in Court-1. Urgency2. Risk3. Lack of cooperation4. Significant difference of

opinion about the best outcome

Which Court?

When it comes to the Family Courts there are really 3-

Local Magistrates CourtFederal Circuit CourtFamily Court

What Courts can & can’t do?

At the end of the day, 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!)

Where most people get tripped up

1. Seek the Courts assistance on things that are not legal issues or where the Court has no power

2. Don’t provide relevant evidence but provide an overabundance of irrelevant evidence

3. Don’t understand the law or how it is applied

So how do you start a Court Proceeding?

1. What legal issue?2. Which Court?3. Have you complied with

‘pre action’ requirements?

The stages of a Court

Proceeding?1. Starting Proceedings &

before the first Court date2. The first Court date3. After the first Court date4. The Trial5. The decision

Starting Proceedings1. What documents to prepare

– Application, Affidavit, s60(i) certificate, Form 4, Financial Statement

2. Where to file them3. How to serve them4. Now sit back and wait!5. Receive & review the

Respondents material– Response, Affidavit, s60(i)

certificate, Form 4, Financial Statement

6. Look for areas of agreement7. Identify where there are

differences8. Prepare for the first Court

date

The 1st Court date1. Prepare, prepare, prepare

• Go and watch Court prior• Orders/ Directions you want• Chronology of important

information• A plan for the Judge of where to

from here

2. 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)

The 1st Court date3. When you appear in Court

• Where to sit• When 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

The Court is looking to work out what more information they 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!

After the 1st Court date

This is where the windy road begins.

Parenting- 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 mentionsAll 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

The Trial- a time to imagine

yourself on a magical Island…

The trialThis is where the windy road ends!

Here your Judge will 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

The DecisionA decision may be immediate or it may take some 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

A few other things to keep in mind• You can reach agreement

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’

Top Tips1. Always comply with Court Orders

(even when you don’t like them!)2. Be over prepared3. Be respectful4. Seek advice- community legal

centers, duty lawyer5. Know what you want but be

prepared to compromise6. Don’t involve your children7. Be patient, it can be a long process8. Always keep your eyes open for

solutions- no matter how hard things become

Court should always be a place of last resort. You are handing

over your capacity to control your own

destiny when it comes to your children or

finances.

Any Questions?

Wednesday 27 August 12.30pm

Wednesday 1 October 2014

THANK YOU!