Going to Court is the last resort. Court proceedings are financially and emotionally taxing, and we do not make the recommendation to go to Court unless all other methods of dispute resolution have been exhausted.
Sometimes however, if parties are entrenched in conflict and there is no other way forward, then you can be assured that our office has the skills and experience necessary in order to appear for you and ensure you obtain the best possible outcome.
Court Documentation & the Process
If mediation is unsuccessful and you can’t reach a settlement with your former partner outside of court, you will have to start an application in court for the orders you want. Alternatively, you could be served with a court application and be told that you need to go to court on a specified day to appear in front of a judge.
Remember that everything you say, do, write, text or email can become evidence in court. Therefore, it’s important that you do your best not to say things that may affect your case or may affect how a judge views your character.
The court is there to decide how to divide property or how to divide the time of the children between their parents. The court is not there to compensate or punish you for what occurred during your relationship.
Always show respect when you are in a court room. It is important not waste any of the courts time, this means turning up on time and having all your notes and documents organised in an intuitive filing system.
You should always follow court orders even if you don’t agree with them. Breaking a court order may cost you money or time with your children.
If mediation fails and you can’t reach a settlement with your former partner outside of court, you will have to start an application in court for the orders you want.
We are experienced in appearing in Family Law proceedings in both the Federal Circuit Court and the Family Court of Australia in Newcastle, Sydney and Parramatta together with urgent applications filed at Local Courts in Newcastle, North Sydney, Parramatta, Sydney, Gosford and Wyong.
On any court day, make sure you have any documents we have asked you to bring with you. Bring a note pad and pen with you too.
Some people find it helpful to sit in a courtroom before the hearing if they have never been in a court before. Most court hearings are heard in open court so you can do this any time.
Inside the courtroom
You may have to wait for your case to be called as there may be a number of cases listed on the same day. If you are waiting for your case to be called, you should avoid talking or making any distracting noises in the courtroom.
You must stand each time the Court commences or adjourns. The court officer or associate will announce this by saying ‘All rise’ or ‘Please stand’.
When your case is called, your lawyer will go to (or will already be at) the bar table. They will then stand up and address the judicial officer.
In the Family Court, the judicial officer hearing your case will either be a Judge or a Registrar.