In Family Law, a procedural hearing is a preliminary court session where the court hears about what steps need to be taken to move your case forward. Procedural hearings are relatively brief, and ensure that everyone involved in the case, including lawyers and the parties, understands the next steps. It is not about deciding who is right or wrong, but amount making sure the legal process moves forward effectively.
It focuses on the administrative aspects of the court procedures, rather than discussing the details of the dispute or making final decisions. In a procedural hearing, the judge will set a timetable for how the case will proceed, including deadlines for submitting documents, scheduling mediation, or deciding when the next hearing will occur.
Procedural hearings are important because they help the court manage the flow of cases, and ensures that everything is organised and ready for future hearings. It is like preparing for a major event, where the groundwork is laid initially, to ensure that things run smoothly later.
In family law cases, this ensures that issues such as parenting arrangements or property settlements are resolved as efficiently as possible.
I. What Issues Are Addressed During a Procedural Hearing?
At a procedural hearing, the court mainly addresses the following key issues:
Timetabling and Scheduling:
The judge sets deadlines for each party to file important documents, such as affidavits, financial statements, or expert reports. The court will also determine the date for the next hearing, which could be a more substantive one.
Compliance with Court Rules:
The court ensures that all parties are following the rules and procedures correctly. If there are any concerns about non-compliance, the judge may give specific directions to address the issue.
Mediation or Dispute Resolution:
Sometimes, the court may direct the parties to attend mediation or another form of dispute resolution before the next hearing. This is done to encourage settlement and reduce the need for a full court trial.
Narrowing the Issues:
Procedural hearings can also be used to narrow down the issues in dispute. For instance, if both parties agree on some aspects of their case, the court will note this, allowing the final hearing to focus only on the unresolved matters.
Interim Orders:
While procedural hearings don’t typically decide the core issues of a case, the judge may issue interim orders. These are temporary orders that help manage the situation until the final hearing. For example, a judge might make temporary decisions about parenting arrangements or financial support.
These procedural steps are essential for ensuring that the case progresses smoothly and that everyone involved knows what to expect in the upcoming hearings.
Also Read: 5 Basic Guide to Family Law Court Hearing Types in Australia
II. Do I Need to Attend the Procedural Hearing in Person?
In many cases, you may wonder if you need to attend the procedural hearing in person. The short answer is, it depends. Procedural hearings can sometimes be handled by your lawyer without you needing to be present. However, it’s always a good idea to discuss this with your lawyer to understand what is expected in your specific situation.
In the past few years, due to advancements in technology and the impact of COVID-19, many Australian courts have adopted virtual hearings. This means that some procedural hearings can be attended via phone or video conference.
If your presence is required, you’ll receive a court notice with details of the hearing. Even if you don’t have to attend, it’s still crucial to stay in touch with your lawyer so that you’re aware of any decisions or timetables that come out of the hearing. Failure to follow court instructions could lead to delays or complications in your case.
If the court orders mediation or another form of alternative dispute resolution, your attendance might be necessary. It’s important to make sure you follow any directions from the court carefully to avoid negative outcomes for your case.
III. What Happens if I Miss a Procedural Hearing?
Missing a procedural hearing can have serious consequences for your case. The court relies on all parties attending procedural hearings to ensure that the case stays on track. If you fail to attend, it can lead to delays, extra costs, or, in some cases, negative rulings.
Here’s what could happen if you miss a procedural hearing:
The Court May Proceed Without You:
If you don’t attend and the court hasn’t excused your absence, the judge may continue with the hearing in your absence. This could lead to decisions being made that affect your case, and you won’t have had a say in those decisions.
Adjournment or Delay:
The court may choose to adjourn the hearing, which means rescheduling it for a later date. However, this can lead to delays in resolving your case, which may be frustrating and costly.
Penalties or Costs:
In some cases, if your absence causes significant delays, the court may order you to pay the other party’s legal costs for that hearing.
Risk of Losing Your Case:
Failing to attend without a good reason could negatively impact your standing in the case. If the judge believes you are not taking the legal process seriously, it could affect future rulings in your case.
If you know you won’t be able to attend a procedural hearing, it’s crucial to let the court know ahead of time and request permission to be excused or have your lawyer attend on your behalf.
Looking Forward: The Importance of Procedural Hearings
Procedural hearings may not be the final stage of your family law case, but they play a critical role in ensuring the legal process moves forward efficiently. By understanding their purpose and what to expect, you can be better prepared for each step in your case.
Need Help With Your Procedural Hearing?
If you need legal assistance in any aspect of family law, Justice Family Lawyers are here to support you. Our experienced team can guide you through the legal process and ensure your interests are protected. Contact us today for professional and compassionate advice to move your case forward effectively.
