Inside the Family Court Process: What Really Happens After You File

Many people assume that once they file in the Family Court, a judge will simply hear both sides and make a decision.

The reality is very different.

In this episode of The Ex-Files – The Divorce and Separation Podcast, Australian family lawyers Alex Wynn and Liza Friedwald explain what actually happens after court proceedings begin and walk through the Family Court process from start to finish.

Using the Federal Circuit and Family Court of Australia's Central Practice Direction as a guide, they discuss the key stages of a family law case, including pre-action procedures, interim hearings, mediation, compliance hearings and final trials.

Whether you're involved in a parenting dispute, a property settlement, or both, this episode provides a practical roadmap of what to expect and how to avoid some of the common mistakes that increase costs, delay and stress.

In This Episode

• Why the Court expects parties to try to resolve disputes before filing proceedings.
• Parenting and property pre-action procedures.
• Section 60I Certificates and Genuine Steps Certificates.
• Interim applications and urgent court orders.
• Affidavits, questionnaires and evidence requirements.
• What happens at the first court event.
• Interim hearings and directions hearings.
• Family Dispute Resolution and Conciliation Conferences.
• Compliance and Readiness Hearings.
• Preparing for trial.
• What happens at a final hearing.
• Reserved judgments and final orders.
• Practical ways to reduce costs and focus on the issues that matter.

Key Takeaways

• Court should generally be a last resort, not the first step.
• Parties are expected to genuinely attempt resolution before commencing proceedings.
• Interim hearings deal with urgent issues, not the entire case.
• Good preparation can reduce costs, delays and stress.
• Case outlines help identify the real issues in dispute.
• Court-led mediation can provide valuable reality checks.
• Compliance with court orders is critical.
• Understanding the process helps you make better decisions throughout your matter.

Chapters

00:00 – Introduction
01:05 – What Is the Central Practice Direction?
05:50 – Pre-Action Procedures Explained
10:50 – Filing Court Proceedings
20:45 – Interim Hearings
25:00 – Mediation and Conciliation Conferences
28:45 – Compliance and Readiness Hearings
31:45 – Preparing for Trial
37:00 – Final Hearings and Judgment
40:50 – Practical Lessons for Separating Families

Contact

Alex Wynn: alex.wynn@keypointlaw.com.au

Liza Friedwald: liza.friedwald@keypointlaw.com.au

Keywords

family court process, family law Australia, family court Australia, FCFCOA, parenting proceedings, property settlement, interim hearing, mediation, conciliation conference, section 60I certificate, family lawyer, divorce, separation, parenting dispute, family law litigation, trial preparation, Australian family law

Disclaimer

This podcast provides general educational information only and is not legal advice. You should obtain advice specific to your circumstances before making legal or financial decisions.