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Procedural Hearing

I recently asked for a directions hearing regarding some issues with the current interim orders that are not being followed anywhere near appropriately, and to ask for some documentation that the ex is refusing to release to me.

I have been granted a Procedural Hearing

What exactly is a Procedural Hearing?

What Happens, what can be discussed?

many thanks

Orion.

Hi - any response to this post ? I would also like to know !
This is from http://www.austlii.edu.au/au/legis/cth/consol_reg/flr2004163/s12.04.html

FAMILY LAW RULES 2004 - RULE 12.04
Procedural hearing

        (1)         At a procedural hearing, the court:

        (a)         may investigate the possibility of settlement of any issue in the case; and

        (b)         must:

        (i)         consider any recommendations made at the case assessment conference;

        (ii)         make orders in relation to the future conduct of the case;

        (iii)         list the case for the next appropriate court event; or

        (iv)         make a consent order.

Note 1    The next appropriate court event may be a conciliation conference in a property case, family counselling or family dispute resolution in a parenting case, a procedural hearing, a hearing or a trial.

Note 2    The orders the court may make at a procedural hearing include:

(a)         an order that a party produce a specific document for inspection and copying by the other party before the conciliation conference in a property case (see rule 12.05 and subrule 13.22 (4));

(b)         an order permitting a party to obtain an expert's report; and

©         an order that a party serve notice of the case on a person whose interests may be affected by the case.

        (2)         At a procedural hearing, each party must, as far as practicable, identify:

        (a)         any procedural orders sought;

        (b)         the agreed issues;

        ©         any person who may be entitled to become a party to the case; and

        (d)         any relevant matters relating to the main purpose of these Rules (see rule 1.04).

and this from (there's a lot more gumpf here).


http://www.familylawcourts.gov.au/wps/wcm/connect/FLC/Home/About+Going+to+Court/Family+Court+of+Australia+pathways/



The Procedural Hearing

A Procedural Hearing is a short hearing by a registrar in a courtroom. A family consultant attends if there are parenting issues. Its purpose is to discuss the next steps in your case and make orders for those next steps.

Commonly, the Procedural Hearing will be after your Case Assessment Conference (on the same day) but it may also occur at other times during the proceedings. The exceptions to this are when a case does not go to a Case Assessment Conference because:

    * one of the people involved is in prison (although it may be possible for them to participate by telephone)
    * there has been a Case Assessment Conference in the previous six months, or
    * one of the parties is overseas.

Procedural hearing without a Case Assessment Conference

If you are not going to a Case Assessment Conference, you will either go directly to a child dispute conference or meeting with a family consultant. If you go to a Procedural Hearing, the registrar will:

    * identify and assess the factual and legal issues in dispute
    * discuss with you what the next steps may be, and
    * make orders about the next steps and what must be done to prepare for these.

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Procedural Hearing after a Case Assessment Conference

At a Procedural Hearing after a Case Assessment Conference, one of the following may happen:

    * If you have reached an agreement, the registrar will make legally binding orders. You will not have to attend any further court events.
    * If you have not reached agreement, the registrar will make orders for the next steps in your case and what must be done to prepare for this. You will need to comply with any instructions on how to prepare for the next event.

In most cases the next step would be as follows:

    * In financial cases, financial conciliation at a Conciliation Conference with a registrar.
    * In parenting cases, a child dispute conference or meeting with a family consultant.
    * In cases with both financial and parenting issues, a joint dispute resolution conference with a registrar and a family consultant may occur. Alternatively, parenting issues may be referred to a family consultant and property and financial issues to a registrar.

A Procedural Hearing after a Case Assessment Conference may take about 10-15 minutes. It will either:

    * follow immediately after the conference, or
    * be later in the day if it looks like you and your former partner may be able to reach agreement through further discussions during the day.

Where there are current family violence orders or personal protection orders, or where either participant does not want to be in the same room as the other person, then the registrar may conduct the Procedural Hearing with the lawyers only or with the parties in separate rooms.
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Legal sources

Procedural Hearings are ordered under Rules 4.03 and 12.04 of the Family Law Rules. Chapter 5.3 of the Case Management Directions refers to the Procedural Hearing.
This pretty well sums it up. A procedural hearing is not a case hearing or final hearing. These type of hearings give each side the opportunity to lay out the issues. You can also ask for various types of discovery orders. If you are NOT having a procedural hearing and need documents that you do not hold then you will need to subpoena documents through the usual weekly subpoena process.

The local registry will advise or call the court hot line for details on subpoena days. :)

Executive Secretary - Shared Parenting Council of Australia
 Was my post helpful? If so, please let others know about the FamilyLawWebGuide whenever you see the opportunity
 
I'm guessing, in Orion's case, that it is for the purpose of discussing subpoena's and possibly discovery from the other side.

Junior Executive of SRL-Resources

Executive Member of SRL-Resources, the Family Law People on this site (Look for the Avatars). Be mindful what you post in public areas. 
MikeT

Thanks for posting the Court material as it saved us time re-posting ours.

To all extents and purposes 'directions' and 'procedural' are identical and are basically to plan for the future conduct of the case, decisions orders such as contact and financial are not 'normally' made.

Of course you can always make requests to the other side.

SRLs should be very prepared for first returns and directions as we have seen of them turn into 'Interims'.

If any doubt the Case file search at the FCoA will provide some information about the hearing.

https://filesearch.familylawcourts.gov.au/cws/index.jsp

Executive Member of SRL-Resources, the Family Law People on this site (look for the Avatars) Be mindful what you post in public areas. 
Secretary_SPCA said
This pretty well sums it up. A procedural hearing is not a case hearing or final hearing. These type of hearings give each side the opportunity to lay out the issues. You can also ask for various types of discovery orders. If you are NOT having a procedural hearing and need documents that you do not hold then you will need to subpoena documents through the usual weekly subpoena process.

The local registry will advise or call the court hot line for details on subpoena days. :)
Subpoena documents can only be issued by a Registrar. Some of the larger registries actually have Registrar's on full time duty.

On some occasions you will also need leave of the Court to view the material when it is returned.

A registrar cannot issue subpoena documents for a 12A hearing in the FCoA - unless the Judge running the case has given leave to apply.

There is sometimes a tendency for SRLs to go on a subpoena 'spree' without carefully considering the value of what they are seeking and how much time and complexity this will add to the case.

Executive Member of SRL-Resources, the Family Law People on this site (look for the Avatars) Be mindful what you post in public areas. 
SUBPOENA HEARING
Agog said
A registrar cannot issue subpoena documents for a 12A hearing in the FCoA - unless the Judge running the case has given leave to apply.

I realize this post is old but I wish to use this argument, inter alia, in my objection to subpoena hearing tomorrow 4pm.

The subpoenas were issued in the FCC on 10 November 2015 before the case was transferred to the FCoA on 16 November 2015. I think the ICL realized he would not get the Orders he sought at the 16 November judgment hearing (and he didn't) and so preempted the Court decision by issuing subpoenas that will adversely influence the family reporter booked for next month. There are no hearing scheduled or judge appointed in the FCoA.

If the above argument is still valid can you please refer me to what rule or section of the Act you rely on? FCC or FCoA rules?

Kind regards
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