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What's the low down on Procedural hearings ?

One member is heading off to court. What can he expect?

I am heading for a Procedural Hearing in front of a registrar near on the end of the month.

I am in the process of trying to find out what to expect.

I am not sure what to prepare as both issues of finances and child issue's are entangled and there is a lot of compiled information I have, I do not want to waste time on everything but want to have a good generalised confident approach to the opposing lawyer and the manipulating X.

Do I have to provide information to her Lawyer before the procedural hearing or are issues simply discussed on the day ?

The forms and affidavits as well as responses were filled out nearly 18 months ago. shouldn't the Lawyer of issued a new set of forms for the current situation as there have been many changes ?

I half expected them to come with the new letter but alas it was only an Advice of Re-listing.

Any help will be appreciated  :(





Last edit: by OneRingRules

A little more information would be helpful. For example FCoA or FMC and any procedural orders or instructions issued by the Court

'Generally' procedural mean "directions" and 'usually' how the case will proceed and 'what' may be required for the case to proceed. ie 'Both sides file and serve by' etc and what other material may be required (You argue for what you want, they argue for what they want - and the Registrar decides) FCoA Registrars usually only make decisions about how the case can proceed

Have there been any orders made to 'produce or provide' material or new material on this date?

After 18 months you will be very likely to be 'asked' to produce updated Affidavits etc. Financials generally need updating as well

A telephone call to the Court registry may solve your problems, alternativley if the case is in the FCoA goto their site

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

and this will give you a 'printable' history list of the case. The abbreviations are the types of hearings (follow the link to Acronyms) - this should give you an indication of what actual type of hearing is scheduled. the 'client file number' is allocated at the lodgment of initial documents and may not appear on any later documents.

Note that file search has only been operable for a short time and may not contain details of long running cases

From what information you have provided - the best guess scenario is that it is a standard directions hearing - the who, what and when of the case, after such a long delay the Court will need newer material

By the way we do not like making guesses - so more information or a files search would be helpful


Executive Member of SRL-Resources, the Family Law People on this site (look for the Avatars) Be mindful what you post in public areas. 
Thank's for the reply AGOG.

I'm on the west coast, matters where adjorned because commitments were made by the initiator of proceedings ( the X ), as usual she became obstinant and refused to stick to self mediating the matter as she had promised nothing unusual there. She then served divorce papers and the usual rubber stamping by magistrate without reading affridavits was the result ( Happier Day's ). I was about to re-approach the matter when I recieved a letter from her newest lawyer offering an unworkable resoloution, I replied offering Mediation, he applied to have the matter re-established in FCoWA. They sent a letter stating Proceedural Hearing.

I've accessed the web sight over here but found limited use of the wording. I hoped someone on sight may have been through one and be able to pass on their experiance.

Thanks for the links I will search them now and see if the term is listed. I have E-mailed FCoWA and I am awaiting their response. I suspect that as it has been some time it may well be a re-establishing situatiuon meeting and rather low key. It certainly would help if they supplied a discription of the term on their letter.

Thanks again

I would suggest you take a good read through some of the forums here. I also suggest you read the Shared Parenting Council's summary of the Family Law Act which I will attach here. Things have dramatically changed now since July 2006. The solicitor must know he has mandatory pre trial procedures to follow under new family court rules (Not the Act). (Unless of course you have succeeded from the mainland and are truly an island over there in the West almost like New Zealand)

Your offer of mediation must be acted on with sincerity and a genuine effort to do so by them. Anything else is unwelcome in the court.  :|

The new Family Law Act and Rule 1.05 and Schedule 1 of the Family Law Rules 2004. Court rules require parties to attempt pre trial mediation and In the Federal Magistrates Court, pre-action procedures apply to an application for parenting orders (from 1 July 2006 to 30 June 2007) with such modifications as are necessary.

The aim of pre-action procedures is to explore areas of resolution and, where a dispute cannot be resolved, to narrow the issues that require a court decision.

This should control costs and, if possible, resolve disputes quickly, ideally without the need to apply to a court. The pre-action procedure applies to:

-   Anyone considering starting a case
-   Anyone named as a respondent if a case is started, and
-   Their lawyers (if any).

The Family Law Rules require prospective parties to genuinely try to resolve their dispute before starting a case. All prospective parties must:

1.   Participate in dispute resolution services, such as family counselling, negotiation, conciliation or arbitration

2.   If dispute resolution is unsuccessful, write to the other parties setting out their claim and exploring options for settlement, and

3.   Comply, as far as practicable, with the duty of disclosure in respect to orders and amendments being sought.


Attachment
Pre Action Procedures required by Court



Attachment

Last edit: by OneRingRules


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
 
Thanks Sec SPCA.
I'll look through the downloads cheers.
When I first started all this I looked at what deirection the courts and legal aid and such proffessed and I had to admit it all sounded good. Truth is a little different.
I am a little better prepaired this time around, last time I still held piers in high regard I've got over that now. mindful to show respect when neccessary.
I believe I have followed procedure in offering mediation in one letter, explaining why what they have requested is not feesable, compilling consent orders to eliviate part of the problem.
My offer of mediation simply caused the initialisation of court proceedure, which was expected as we had a blighted form of mediation 2 years ago.
I have managed to access more information on Procedural Hearings and it seems if they made an application for this I should recieve the forms they have lodged in that request.
So far a very liberal view of the protocol that is suggested has been followed with no too negative resoloution, but as I am in this to secure my childs future there is little option left.
This time might be different fingers crossed.
Contact the local court registry. I have found them extremly helpfull. ASk them to ensure you have details of dates. Contact the sols on the other side. You are entitled to all documents. Contact your local DIDS group and attend a meeting. You have much support out there. Keep us in touch with things through the site. Join the SRL-R group and look after yourself :thumbs:

Site Director
Thanks Oneringrules,
I've sent E-mail to FCoWA asking about procedure ect, I hope that comes soon, much better than phone call as I can keep record and re-read it.
Unfortunatly DID's groups are too far away as are most physical groups. thank goodness for the internet highway.
I can only assume that the procedural hearing has been organised by the court unless I recieve information to the contrary, and if I don't I believe the registrar will be displeased with her council and everything will have to be posponed.
Thanks for the encouragement will post again as things start rolling.
Thanks to all.
D4E said
I've sent E-mail to FCoWA asking about procedure ect, I hope that comes soon, much better than phone call as I can keep record and re-read it.
I can only assume that the procedural hearing has been organised by the court unless I recieve information to the contrary, and if I don't I believe the registrar will be displeased with her council and everything will have to be posponed.
Please don't leave it until the last minute. Chase them up. If you emailed Friday expect a response Monday. Phone the registry and tell them you have not received any advices from the other side. Phone the other side solicitor and ask where the papers are as you are now preparing your case etc etc and are looking foward to having matters resolved. Be quite agressive and firm in your desire to make sure the paperwork is in order. Courts run by paper work and proxedures and process. The registry generally will look after SLR's reasonably well in relation to advice around procedural matters and pre court requirements. Build a relationship with the registry so they know who you are even if it is over the phone.  :)

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
 
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