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Up for mention

Hi I have a family law matter up for "mention" in february 2010. I am new to this as its the first time I have been involved in any legal matter involving a court. What is a mention? Is it as it sounds? Will I be directed in the mention to start mediating with the other party about the matter (Financial)? Or do they just set a new date for the hearing? Can anyone tell me what the process is thanks? And yes I have done a forum search and not a lot comes up.
Hey HubbyPays


I'm just copying and pasting from the Family Law Courts website (link below).  As far as I'm aware a First Mention is just another name for  "duty list". 


Cheers

First court date

The Court will allocate a first court date when you file your documents. This is usually referred to as a duty list. On this day, the Court may:

- give directions
  • approve proposed consent orders
  • conduct an interim hearing
  • finalise the application
  • fix a date for a final hearing.

The first court date also provides you with an opportunity to define the issues in dispute and, if possible, reach an agreement.

http://www.familylawco...rates+Court+requirements/

"Never, "for the sake of peace and quiet," deny your own experience or convictions". Dag Hammarskjold
I needed help with my case and couldn't afford a lawyer and found these guys invaluable  srl-resources.org
The mention is whatever the magistrate wants it to be. They have a large amount of discretion here but this is always limited by time. There are usually many cases booked in before them on mention days. A good way to get on a magistrates bad side is to waste time with a lot of petty arguements when they have 10 other cases waiting.

It really depends on your case and what is needed to be done and where it seems you are headed. Generally there will be no applications argued or ordered unless consented to. If it relates to property it would be expected that orders may be consented to for valuations of assets. Disclosure matters may be raised and can be brought up as a tactic to bring them to the attention of the magistrate. Mediation should be ordered but this can depend on the parties attitude to it. You may be booked in before a registrar for this. A hearing date and duration may be set.

In summary it should be fairly straight forward and procedural but it can blow out. Have a look at few to see.

"When there is no enemy within, the enemies outside can not hurt you"

Executive of SRL-Resources
Patronas said
The mention is whatever the magistrate wants it to be.
The magistrates is there to hear the case, not run the case. Each party can contribute to the path a matter travels.

A party has an opportunity to argue in the Family Court for disclosures, subpoenas, family reports and other elements deemed necessary in preparing a case. It is oft times necessary to argue to have a matter referred on to a JR's court where applications are considered. It is appropriate to not ramble on. All actions ought to be considered from the perspective of a well conceived strategy.

Every hearing which brings the parties together presents an opportunity to come to an agreement. Parties who can resolve matters mutually are often well in front both financially and regaining one's life. If represented both parties are possibly paying for representation, these advocates can be skilled negotiators, engaging them in negotiations could be benificial also in a monetary sense. Paying someone to sit around is unwarranted if there is an alternative.

Each hearing unless a resolution is arrived at generates the next hearing date. The importance of noting this date and time is an imperative.

What is done for you, let it be done, what you must do, be sure you do it, as the wise person does today that what the fool will do in three days - Buddha
verdad said
Patronas said
The mention is whatever the magistrate wants it to be.
The magistrates is there to hear the case, not run the case. Each party can contribute to the path a matter travels.
This topic really applies to the original poster whose post illustrated a deficiency in knowledge of the Court operations.

On occasions if one party is not Court literate the Magistrate may attempt to run and control the case to add balance to the proceedings. However this does not mean they will run your case as your legal representative. They will on occasions offer guidance providing it does not overstep the mark into legal advice.  

It is vitally important that you listen carefully to not only what they say but also what they are indicating, which could be made with indirect comments.

verdad said
A party has an opportunity to argue in the Family Court for disclosures, subpoenas, family reports and other elements deemed necessary in preparing a case. It is oft times necessary to argue to have a matter referred on to a JR's court where applications are considered. It is appropriate to not ramble on. All actions ought to be considered from the perspective of a well conceived strategy.
In the case of children's matters particularly when the case goes into the Interim stage the Case Manager should control much of this.
verdad said
Each hearing unless a resolution is arrived at generates the next hearing date. The importance of noting this date and time is an imperative.
If you are self represented an abbreviated file history which includes future dates and the type of hearing can be found here:
https://filesearch.familylawcourts.gov.au/cws/index.jsp

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