The first Court hearing for a parenting or property case is very procedural. The purpose is to ensure that both parties are doing what they need to do to keep the case running smoothly and setup a timetable of how the case will move forward. The Court isn’t yet making any decisions about your entitlements or the final outcome. First hearings are done by video link, so you don’t need to attend the Court building. You can view the hearing from the comfort of your own home and Ugg boots – but I’d still suggest a tidy shirt and presentable face. You also won’t need to speak (the Lawyers will speak for you) and you won’t be put in a witness box.

In both parenting and property cases, the Court will check that both parties have submitted their required Court paperwork. For anything that hasn’t been done, the Court will set a deadline to complete it.

In a parenting case, the parties must discuss short-term parenting arrangements before the first Court date and, ideally, agree on the child’s living arrangements for the next few months. The parties should also agree on a privately-funded “Court Child Expert” or “Family Consultant” (who is generally a Psychologist or similarly qualified person) to interview the parties and children and write an independent Family Report in the next few months. In limited cases, the Court can choose and fund the expert. If the Court is satisfied that the agreement is in the best interests of the child, the agreement will be converted to an Interim Order, which will be in place until the next Court date or parenting mediation a few months later.

In a property case, the Court will Order both parties to exchange any remaining financial disclosure (such as bank statements, tax returns and superannuation statements). If there’s dispute about the value of any large assets (like houses, cars or business), Orders are made for them to be independently valued. The parties should also agree on a privately-funded Mediator, who will manage a mediation a few months later. In limited cases, the Court can organise and fund the mediation.

Due to changes to the Court structure and procedures in 2021, these Interim Orders can ONLY be made if the parties agree. If there’s no agreement (which is rare), the case will be adjourned for another few weeks/months where the Court allocates more time to hear submissions from both parties’ lawyers before the Court decides on the Interim Order.