So, you have been listed in the Federal Circuit and Family Court of Australia (“FCFCOA”) for your first court event and don’t know what to expect? Here is some information that might help you prepare!

What is the first court event and what should I expect?

The First CourtEvent in the FCFCOA is the first date that your matter comes before the court.It is usually one to two months after the Initiating Application is filed.

The purpose of your first court event is to:

1. Ascertain whether there are any Orders that the court can make by consent – that is, is there anything agreed between you and the other party that the court can make into an order?

2. See whether or not you and the other party have done everything you need to do prior to filing the court documents.There is a very handy brochure on the FCFCOA website listing out what you need to do prior to filing in Court, and that can be found  here.

3. Determine whether there needs to be an interim hearing (prior to a final trial) to determine immediate issues and make interim arrangements.

4. To consider if your matter needs to be transferred immediately to a Judge. Your matter will usually be listed before a Judicial Registrar or Senior Judicial Registrar on the first court date, and these Registrars have more limited powers than a Judge.

5. To make procedural orders, to get thematter moving, including any orders for urgent hearings if required!

You will notice that none of the above points refer to your matter being heard or decided on the first court event. This is because this usually does not happen – the first court event is usually procedural only and serves to set your matter on the best path possible for resolution or list a further hearing date, if appropriate. You should not expect to be able to make any significant arguments about the details in your case on this date, however, you should expect to be asked questions by the Registrar about specific matters in your filed documents and where you want your matter to go next. If you have a lawyer, they will do this preparation for you.

What should I bring?

Whether your first court event is by way of electronic meeting (such as Teams or Zoom) or in person, you should make sure that you have a copy of your court documents with you, as well as any contact details and availabilities for any experts that you wish for the court to appoint – for example, if you are wanting the Court to appoint a valuer to value a home, do the legwork and get some quotes and names of valuers that you would like to appoint. The same preparation could be done for family report writers, psychologists, real estate agents and any third party that might be relevant to your matter.  

What documents should I prepare?

By the time you reach your first court event, you should have filed all of the documents required by the Federal Circuit and Family Court of Australia (Family Law)Rules 2021 (Cth), the Act, and the practice direction and served a copy on the other party. You should not introduce any new documents on the court date unless directed by the court, or unless you have a consent order to provide the court. If you need advice about what specific documents you need to prepare for your case, give us a call. We provide free fifteen-minute telephone consultations,and we can confirm the documents that you will need to prepare!

How do I attend?

Usually,first court events take place via Teams meetings, however, they can take place in person as well at the direction of the court. You should confirm this with the court and with the other party at least one week before the court date, and make sure you receive any electronic meeting login details well in advance.

What should I wear?

Whether your matter is proceeding electronically or in person, it is important to look the part to show respect to the court, your lawyers, and the process.

Those who identify as women can wear a sensible dress, blouse, and pants/skirt, and keep hair and makeup neat. There is no need to take special measures for your appearance – just ensure that your appearance is neat and sensible!

Those who identify as men can wear a button up shirt and slacks, closed in shoes, and keep hair neat and out of the face.

Gender non-confirming persons can wear whatever makes themselves most comfortable. Itis important that outfits, hair and makeup are neat, clean and sensible.

There is always a chance that you may need to appear “on camera” in the Teams meeting,so dressing the part can save a lot of stress on the day of court!

Where do I go if I have questions?

We offer no obligation, free fifteen-minute consults and would be happy to discuss your first court date with you and answer any questions you have! Otherwise, more information can be found on the Federal Circuit and Family Court of Australia website.

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