What happens when a family law case goes to court for the first time? In Australia, this initial step is called the first return hearing. It’s an important part of the process, but it can seem confusing if you’re unfamiliar with what’s involved. In the sections below, we’ll break down everything you need to know about the first return hearing, answering common questions you might have encountered or wondered about.
What Is a First Return Hearing?
A first return hearing is the first time your family law matter is heard in court. It happens after one party files an application for parenting or financial orders. The first return hearing is an administrative hearing, meaning it’s mostly procedural. The primary goal is to ensure that the case moves forward smoothly and that both parties know what to do next.
The court will not usually make any final decisions at this hearing. Instead, it’s an opportunity for the judge or registrar to check that all paperwork is in order, assess the complexity of the case, and set a timetable for future steps. Sometimes, temporary (interim) orders may be made if they are urgently needed, especially in cases involving the care of children.
In short, the first return hearing helps the court manage the case and gives the parties an opportunity to discuss what’s happening in their situation.
What Should I Expect at a First Return Hearing?
When you attend a first return hearing, the experience will generally be more informal than you might expect from a courtroom. You won’t need to present detailed evidence or bring witnesses at this stage. Instead, you and the other party will attend, either in person or via video link, and the judge or registrar will address both parties.
Here’s a breakdown of what to expect:
- The Judge or Registrar’s Role: At the hearing, the judge or registrar will review the documents filed by both parties. They will ensure that all necessary forms are complete and that both parties understand what comes next in the case. The judge or registrar may also use this hearing to encourage both sides to come to an agreement or attend mediation to try and resolve their issues without needing a full trial.
- Interim Orders: If there are urgent matters, such as parenting arrangements or financial support, the court might make temporary (interim) orders to keep things stable until the final hearing.
- Timetabling: The judge or registrar will typically set dates for future steps, such as filing more documents or attending another hearing. This keeps the case moving forward efficiently.
- Discussion Between Parties: Sometimes, the parties may be encouraged to speak outside the courtroom to see if they can agree on any issues. If they do, the judge may formalise this agreement during the hearing.
Overall, the first return hearing is not about making final decisions. It’s a chance for both parties to get organised and for the court to keep the process on track.
Also Read: Interim Hearings: Your Comprehensive Guide
Do I Need to Attend the First Return Hearing in Person?
In most cases, you do need to attend the first return hearing. This can be done in person at the court, or in some situations, via video link or telephone. Not attending the hearing without a good reason could result in decisions being made in your absence, which might not be in your favour.
If you are unable to attend in person, you may need to seek permission from the court to attend virtually. It’s important to check the details of your hearing well in advance to make sure you know how to attend and whether you need to make any special arrangements.
Even if you have a lawyer representing you, it’s still helpful to be present. You can provide any additional information your lawyer might need, and you’ll have a clearer understanding of what the court expects from you moving forward.
What Happens If I Don’t Reach an Agreement at the First Return Hearing?
It’s very common for parties not to reach an agreement during the first return hearing. Don’t worry—this is perfectly normal, especially since this hearing is primarily procedural. If you cannot agree on any issues at the hearing, the court will likely encourage both parties to attend mediation. Mediation is a process where a neutral third party helps both sides discuss their concerns and try to reach a compromise.
If mediation does not resolve the matter, the court will continue to manage the case and may schedule further hearings, such as interim hearings or a final hearing, where evidence will be presented, and the judge will make decisions.
It’s important to remember that the goal of the first return hearing is to move the case forward, not necessarily to solve everything right away. The court will give directions on the next steps, and you will have opportunities later in the process to present more detailed evidence if needed.
Also Read: Advantages and Disadvantages of Mediation in Family Law Matters
How Should I Prepare for a First Return Hearing?
Preparation is key when it comes to attending a first return hearing. Even though this hearing won’t involve presenting evidence or calling witnesses, there are still important steps you should take to ensure you’re ready.
Here’s how you can prepare:
- Complete All Paperwork: Make sure all your forms and documents are filed with the court before the hearing date. In family law matters, this might include an application for parenting or financial orders and any supporting affidavits.
- Review the Other Party’s Documents: You will likely receive documents from the other party outlining their position. It’s important to read these carefully so you understand what the other side is asking for.
- Be Ready to Discuss Interim Orders: If there are urgent issues—such as where the children will live or how bills will be paid until the final hearing—be prepared to explain your position to the court. You may need to request interim orders to address these concerns.
- Work with Your Lawyer: If you have a lawyer, meet with them ahead of the hearing to go over the details of your case. They can help you understand what to expect and ensure you are fully prepared for the first return hearing.
- Consider Possible Agreements: Although it’s unlikely that the entire case will be resolved at the first return hearing, it’s still helpful to think about areas where you might be willing to compromise. This could help speed up the process and reduce the need for further court involvement.
By taking these steps, you’ll feel more confident going into the first return hearing and be better equipped to handle what comes next.
Begin Anew with Justice Family Lawyers
The first return hearing is just one step in the family law process, but it’s an important one. By understanding what to expect and how to prepare, you can ensure that your case moves forward smoothly and efficiently. Whether you’re dealing with parenting issues, financial disputes, or both, being well-prepared for the first return hearing will set a solid foundation for your case.
If you need professional guidance through your family law matter, contact Justice Family Lawyers today. Our team of experienced family lawyers is here to help you every step of the way, ensuring your rights are protected and your case is handled with care. Call us now for a confidential consultation, and let us provide the expert support you deserve.