Court Proceedings

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In 2021 the Family and Federal Circuit Courts merged to become the Federal Circuit and Family Court of Australia (known as the FCFCOA).

The Court’s family law jurisdiction includes applications for divorce, applications for spousal maintenance, property and financial disputes, parenting orders, enforcement of orders, location and recovery orders, warrants for the apprehension or detention of a child, and determination of parentage.

Electronic Hearings v’s in person Hearings

In a COVID world, we are now attending most Court hearings and dates electronically through Audio Visual Link.

The ALA Offices have state of the art AVL setups to allow our clients and Solicitors to attend Court in the same room with full access to technology that allows seamless court appearance.
Fina Hearing however, are still generally conducted in person at your local Registry.

Important Court Staff

When you are attending Court, it is good to know what role each Court staff member plays in how your case will be conducted. Below is some basic explanation of the terminology used at Court and what each person does:

  • Parties: a person, business or other individual who is involved in a case. The person starts the Court proceedings is called the Applicant and the party who is responding is called the Respondent.
  • Judge: The judge is the person who will decide your case. In a courtroom, the Judge sits at the front of the Court and will be robed.
  • Registrar A registrar is a judicial officer who has some of the powers of a Judge. The role of a Registrar is to move your matter towards resolution ( by way of negotiations, conferences or even to set the matter down for hearings with a Judge)
  • Judge’s associate or court officer the judge’s associate helps the judge with the proceedings of the Court. They will also help the judge keep a record of what happens during each matter. In a courtroom, the judge’s associate sits in front of the judge
  • Court Child Expert A Court Child Expert may undertake the functions of a family counsellor (under s10C of the Family Law Act 1975), family consultant (under s11B of the Family Law Act 1975) or Family Dispute Resolution Practitioner (under s10G of the Family Law Act 1975).
  • Witness: people who give evidence about the legal dispute. They may prepare statements, attend court, or both

Court terminology:

Where to from here?
The Family Court system is complex and is difficult to navigate, contact our Accredited Specialists in Family Law and Senior Family lawyers so that they can assist you to work through the Court process.

The lawyers at ALA law are confident advocates and will protect your interests. Contact us to see how we can help you.

Give us a call!