Donate Child Support Calculator
Skip navigation

Hearing to move a hearing!

I am at court for a contravention application against me. In June 11 Magistrate set next date for Dec 2012 for good reasons. My ex has lodged an application in a case to move proceedings to another area because he has 'concerns' about me following orders and wants an earlier hearing.

I have responded with reasons not to move proceedings and proposed interim orders (which were agreed at CDC at the court but he won't sign) and various other valid reasons.

Mention at court in a few weeks. I just wondered if anyone had any advice as to what I might expect at the mention. I am a SRL, he has solicitor and barrister who will probably both be at hearing. He probably won't be and may be attending by phone as he lives interstate.

Any advice appreciated.


God grant me the serenity to accept the things I cannot change, courage to change the things I can and the wisdom to know the difference.
Hi a mention is where the magistrate/judge ascertains whether the case is ready to proceed to a hearing.  Usually, it is an administrative process, and further directions may be made such as any further family reports/conciliation conferences could also occur before the hearing.

The mention process is usually a very brief appearance, a couple of minutes or so.  However, depending where you are placed on the list, you may be hanging around the court for some time.  I suggest you take a book to read in the meantime.  It will probably help with your nerves, and momentarialy take your mind off things.

thanks for that.  unfortunately I do already know all about mentions as this is not the first time I am in court.  I have already been there twice for the Contravention Application and for the actual child and property hearing before that.  My question was more in relation to what happens with hearings to move hearings.  IE whether it would be possible for the Magistrate to look at the paperwork and decide it isn't worth hearing at all (which it isn't) or whether we will be given another date for mediation about just this particular matter (moving the hearing as opposed to the actualy hearing for the contravention!) whether it will go straight to a full hearing, or whatever.  I dont' have any experience in this sort of thing.  Just wondering what sort of directions can be made in this case (ie moving proceedings!)

God grant me the serenity to accept the things I cannot change, courage to change the things I can and the wisdom to know the difference.

Oh sorry for the bump steer…Now contravention is something I have only just had resolved.  The application was filed in Canberra in Oct 2010…it was then transferred to the Dubbo registry in Feb 2011.  In this instance I relocated to Dubbo and it was my application.

At the end of Nov 2011' there was a conciliation conference…the other party appeared by phone.  I suppose the intention was for the parties agree for a settlement.  Well that didn't happen…the Registrar terminated the process as it was very clear no settlement was possible.

However, there was a change that occurred in Aug 2011 in which I made I direct application to vacate the conciliation conference.  This didn't work.  I also requested that my matter proceed with judgement in chambers.  That didn't work either, because of procedural fairness…etc. And that any decision pertaining to a contravention has to proceed to a hearing.

So does this assist?  Oh by the way…contravention hearings resolve really quickly, if the other party doesn't appear.
LOL, a little.  Unfortunately there is no way that the other party 'won't appear' - he is the one who filed the contravention application against me.  It is a big mess.  We have had CDC and agreed on some interim orders but he wouldn't sign them afterwards.  There is also an applicaiton in a case for new orders coz of a change of circumstances. the change of orders (and contravention) is what was due to be mentioned again at the end of the year.  Other party not happy with date given so has just lodged an application in a case to move the hearing to another court in same city.  This is the first mention/duty list for that - to move the proceedings to another court for an earlier hearing.

Whole thing big mess, a load of hot air and no substance to his claims/concerns.  But I have to be there and deal with it anyway!  Probably not something many people have dealt with here.  I have objected to moving hearing for a number of reasons so it may well be a hearing will be heard to move the hearing!  if you get the drift!

God grant me the serenity to accept the things I cannot change, courage to change the things I can and the wisdom to know the difference.
Hey…I hear what you're getting at…First of all…Is your ex shopping to get on another docket?  Who is the magistrate that is assigned to your case?

I got slammed for attempting to speed up the judicial process on a family matter, the magistrate said that he could change an order of another magistrate.  Perhaps this may be a good tactic at the mention hearing.  Look at the bigger picture.  The magistrate clearly does not think the matter is too dire to be resolved any earlier than Dec 2012.
Thanks for giving me your time.

I don't know for sure but I would guess my ex is not happy with the things the FM said nor the date he was given - which was for a specific reason and because we agreed to interim orders which he thought would be signed by the ex (which he didn't).  I might take this discussion to a PM as I don't really want to reveal any more than I already have - the name of the FM would just be a complete give away.

You are completely right the FM does not think it is dire at all - probably hoping it will just disappear.  it is an old contravention (and a lawyer I consulted said it wasn't a contravention anyway) and it hasn't happened since.  more important to get the new orders for kids sorted out I think - but Ex made absolutely no mention of that - unsurprisingly! his affidavit, written by his solicitor is full of hot air and bulldust.  The FM even said that the case could be relisted as part of the orders anyway.  My ex has lost the plot (I think he has a personality disorder) and is just digging himself a deeper and deeper hole.  But i have to stand up and say something.

He is trying to speed it up so maybe the FM will just dismiss it - hopefully.  Did you mean the mag said he COULDN'T change another Mag's order?  was that a typo, because if you meant that he couldn't then thanks I will certainly mention that at the 'mention'.  Any other advice much appreciated.

God grant me the serenity to accept the things I cannot change, courage to change the things I can and the wisdom to know the difference.
Yeah sorry it was a typo…Magistrates can't change another magistrates order.

I understand that the FM's have done a bit of a switch-a-roo in the NSW country circuits, I suppose that is why I had my matter resolved.

But yeah…stick with it…In my experience when one parent starts to get on with life, and the introduction of the re partnering…that's when the physco and irrational becomes reality.

Ultimately it is about the kids…stick to this theme.
EMW1965 said
Yeah sorry it was a typo…Magistrates can't change another magistrates order.
Yes they can during another hearing. FM do generally follow thorough on a case but there will always be circumstances where the original FM is not available and there is new material before the Court.

larissap Normally cases are heard where the application is lodged. Obviously the FM is not taking the contravention too seriously otherwise it would have been dealt with a little earlier.

From where to where are they trying to transfer the hearing?

Contraventions require the attendance of both parties or video link if there is a geographic problem.

You can argue against a transfer on the grounds of practicality and if the hearing is say a change of circumstances you could ask the Court to hear the matter 'on the papers' which is where both parties submit new affidavits and make written submissions but do not appear in Court. You might get away with this if you can argue the matter is discreet ie of small consequence and not worth wasting Court time over.
1 guest and 0 members have just viewed this.

Recent Tweets