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Registrars and Justices - Family Court

What's the difference?

I'll be going to family court pretty soon. I've noticed on the court listings, that some cases appear before a registrar, and some before a justice.

What's the difference, and which sort of cases go before which?
ReadyForAFight said
I'll be going to family court pretty soon. I've noticed on the court listings, that some cases appear before a registrar, and some before a justice.

What's the difference, and which sort of cases go before which?

Registrars = mostly procedural hearings, mentions, directions and occasionally minor orders.
Judges = Interims and Final Hearings.

SRL-Resources. the Family Law People on this site (look for the Avatars) www.srl-resources.org  Non gender Professional and peer support for SRLs. Closed site, no public forums, no search engines, no lurkers, guests or the other side and their Lawyer and Friends.
There are also Judicial Registrars (JR) in the Family Court. Matters heard by JRs are in most instances heard on a Registrar's list early in day and then referred on to the JR.
JRs are a level below a judge and above a Regustrar.
JRs deal with interim matters which can include Applications in a Case (Form 2) applications.
The importance of knowing the nature of the proceedings is that the Rules of Evidence can be varied. This affects the way a matter can be conducted.
Having experienced this in an interlocutory (interim) hearing, wherein evidence is not tested to the same extent, it can cause one some inconvenience.
Establish from the court file what cases are current. Be prepared to advocate all your matters at any hearing.
In the Federal Magistrates court my observation is that a Magistrate will run the matters in a more autonomous manner.
Be prepared after complete research.

Consider being ready for a resolution!

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
There are also Judicial Registrars (JR) in the Family Court. Matters heard by JRs are in most instances heard on a Registrar's list early in day and then referred on to the JR.
JRs are a level below a judge and above a Regustrar.
JRs deal with interim matters which can include Applications in a Case (Form 2) applications.
JRs are pretty rare, as of today the Family Court only has 2 whereas it has 33 Judges.


SRL-Resources. the Family Law People on this site (look for the Avatars) www.srl-resources.org  Non gender Professional and peer support for SRLs. Closed site, no public forums, no search engines, no lurkers, guests or the other side and their Lawyer and Friends.
Thanks for your answers.

Looking at the busy family courts - sydney, parramatta - it seems that some hearings are scheduled for quite a short time, yet others seem to be longer because it is hours between the same Justice's hearings.

Once mine appears on the court list, does this give any indication of the time that the Justice will be putting aside for our matter, or simply that he/she has other things to do in a day?
If for instance your matter is listed to be before a JR that tends to suggest that your matter will be on his list and heard on that day. Other matters are added to the JRs list at the discretion of the Registrar who initially deals with thelisting.
Without more specific details your questions may not be more appropriately addressed.
If there are multiple matters on a Registrar's list this to an extent gives an indication as to how much time may be available for the hearing of your matter. Matters are adjourned to a future date if the need arises. There is no certainty that a matter will be resolved at a specific hearing.
Interlocutory (interim) hearings before a JR are bound by a two hour duration.
Being cognisant of the limitations on the court's resources can assist in your advocation. The court appears to be not appreciative of those who don't get to the point. Being prepared and being seen to be so is appreciated. In a matter wherein one party does not address the issues in dispute there is a tendency for the court to turn to the other party to outline the issues.
The courts prefer parties to agree on facts and where possible consent orders. Being seen to be a party seeking to resolve a matter can add value to one's arguments.
There is a lot to be learnt in attending hearings whilst at the court. Worth considering?
The types of hearings are diverse. Parenting and property of varying content are the initial demarkations.
When it is considered that a significant number of matters are resolved without the court hearings it is worthwhile to resolve by negotiations.
Many matters are resolved whilst parties sit in those small interview rooms at Sydney Registry.
Applying one's self to how to negotiate an outcome is warranted. Laywers study this area so as to be effective.

Last edit: by verdad


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
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