The purpose of the first court date

The first court date in a parenting or property case in the Federal Circuit and Family Court of Australia is usually a case management hearing. It is generally not a trial, and the court will not usually hear detailed evidence. The focus is on what the issues are, what needs to happen next, and whether any urgent or interim decisions are needed.

Who will hear the matter?

First court dates are commonly heard by a registrar or a judge, depending on the type of case and any urgency. Many hearings are conducted electronically, by video or phone. The notice from the court will tell you how and when to attend.

What usually happens

• The court identifies the issues in dispute and checks that the required pre-action steps have been followed.
• Orders are often made about the exchange of financial disclosure, valuations, or other information.
• In parenting cases, the court may order a report from a family consultant and consider whether an Independent Children’s Lawyer should be appointed.
• The parties may be ordered to attend dispute resolution, such as mediation or a conciliation conference.
• If there is an application for interim orders, the court may deal with it, or list it for a separate hearing.
• Risk and family violence screening information is considered, and safety arrangements can be made.

How to prepare

• Read the court documents carefully and note any deadlines for filing a response.
• Make sure your documents are filed and served on time.
• Think about what you want to achieve, both in the short term and overall.
• Get legal advice before the hearing, ideally as soon as you receive the documents.

What to do now

If you have a first court date coming up, or have been served with court documents, contact us as soon as possible so we can advise you and, if needed, appear on your behalf.

This page is general information only and is not legal advice. Every family is different – please contact us for advice about your situation.