The Federal Circuit and Family Court of Australia has an established and structured process, guided by the Central Practice Direction, to ensure that family law proceedings are managed in line with the Overarching Purpose and the core principles of the Central Practice Direction. These principles and objectives include:
- prioritising the safety of children, vulnerable parties, and litigants;
- requiring parties and their legal representatives to act in accordance with the Court’s overarching purpose to resolve disputes according to law as quickly, inexpensively, and efficiently as possible;
- using the Court’s resources efficiently and effectively;
- prioritising consistent case management and risk assessment;
- encouraging dispute resolution wherever it is safe;
- expecting compliance with orders;
- requiring legal representatives to regularly and clearly inform parties about the costs of proceedings;
- ensuring parties clearly identify and narrow the issues in dispute;
- requiring parties and legal representatives to be fully prepared for hearings; and
- delivering judgments in a timely manner.
Overarching Purpose
The Overarching Purpose is set out in the Federal Circuit and Family Court of Australia Act 2021, with similar provisions for both Division 1 and Division 2 Courts. The relevant sections state that the Overarching Purpose of civil practice and procedure is to facilitate the just resolution of disputes according to law as quickly, inexpensively, and efficiently as possible.
Court Events
The Court has several specialist lists, but unless a matter is urgent or allocated to a specialist list, the following steps generally apply to all family law proceedings.
The First Court Event, (also known as the First Return date),
The first return before the Court is the first formal step after proceedings are commenced and usually occurs within one to two months of filing an Initiating Application. The application is listed for a Directions Hearing before a Judicial Registrar.
At this event, the Court may:
- Seek to identify whether any orders or directions can be made by consent;
- confirm compliance with pre-action procedures;
- identify the key issues in dispute;
- consider whether information should be requested from child welfare authorities or the police in parenting matters;
- address any risk or safety concerns;
- determine whether an expert is necessary to assist with the resolution or determination of the proceeding;
- determine if orders for disclosure are needed; and
- make procedural orders to progress the matter.
Interim Hearing (only if necessary)
If interim arrangements are necessary, the proceedings may be listed for an Interim Hearing. The timing of this hearing depends on factors such as urgency and the need to obtain and prepare evidence, including expert reports.
Dispute Resolution
The Court strongly encourages parties to resolve disputes through mediation, a Conciliation Conference, or Family Dispute Resolution. Unless there are exceptional circumstances, such as urgency or unsuitability due to risk or safety concerns, this step should be completed within five months of commencing proceedings. Dispute resolution is confidential and designed to encourage parties to make a genuine effort to resolve the issues in dispute. It is a central part of the Court’s process.
Mention
If the matter remains unresolved, a Mention is held within two weeks of the dispute resolution event. This allows the Court to assess readiness for the next stage and make further case management orders.
Compliance and Readiness Hearing
Failing an agreement, a Compliance and Readiness Hearing is held to ensure the matter is genuinely ready for trial. At this stage, all evidence should be prepared, expert reports exchanged, and procedural directions complied with.
Trial Management Hearing
If considered appropriate by the trial judge, a Trial Management Hearing may be held to refine the issues, address non-compliance, and ensure the matter is ready to proceed to trial.
Final Hearing (or trial)
The Court’s stated aim is to list a Final Hearing no later than twelve months after proceedings are commenced. This is however subject to the progression of the matter and compliance by the parties.
Delivery of Judgment
The Court endeavours to deliver judgment within three to six months of the conclusion of the trial, providing timely resolution and certainty for families.
While this pathway provides a structured process, the Court retains discretion to modify the process as required. Urgent matters, cases involving significant risk, or those allocated to specialist lists, such as the Evatt List for high-risk parenting matters, may follow alternative timelines or additional case management steps.
The structured pathway and Central Practice Direction are designed to guide parties through family law proceedings in a way that is consistent with the overarching purpose. By understanding each stage, parties can better prepare for the process and focus on achieving a timely and constructive resolution.
For more information, we recommend the Federal Circuit and Family Court of Australia website and obtaining legal advice from a legal representative practising in family law.
Written by
Matthew Fieldus
Family Law Solicitor
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