How Family Lawyers in Melbourne Prepare for Court Hearings

As family lawyers Melbourne at Rowan Skinner & Associates Lawyers, we specialise in handling high-conflict family disputes in the Federal Circuit and Family Court of Australia. We are also accredited Family Law specialists who have deep expertise in navigating complex court proceedings, particularly in family law cases.

Recently, our team attended a seminar where Senior Judicial Registrar (SJR) Crocker shared critical tips for legal practitioners on preparing for court hearings and online advocacy. These insights offer valuable guidance for both lawyers and clients as they approach the legal process.

If you are seeking family law legal advice from family lawyers in Melbourne or surrounding Melbourne Northern suburbs, our team is here to help you understand the nuances of court preparation and provide expert guidance tailored to your case. We combine experience and strategy to ensure that your case is handled with precision and care.

Our Insights | Family Lawyers Melbourne

A Reminder for Legal Practitioners

Before diving into the details of hearing preparation, it is essential to reflect on the role of a legal practitioner. Lawyers must understand the service they provide and the expectations of both the court and their clients. It is crucial to remember that a lawyer is not merely a mouthpiece for their client. Professionalism and reputation matter significantly in this field, and it is important to balance client instructions with practical legal advice.

Managing Client Expectations

Clients naturally want the court to grant the orders they seek. However, it is the lawyer’s responsibility to clarify that interim hearings are not the same as final hearings. At an interim stage, the court has limited scope to make findings and is more focused on directing the case appropriately moving forward. Therefore, lawyers must manage client expectations and help them understand the feasibility of the orders they are seeking.

Formulating Proposed Orders

Proposed orders are the client’s requests to the court. Before a hearing, it is vital to assess whether the proposed orders are feasible, especially at an interim stage.

Key questions to consider include:

1. Can the orders sought realistically be achieved based on the current evidence?
2. What alternate orders could be considered?
3. How can you manage your client’s expectations?
4. Are there any safety concerns that could impact the orders?
5. Are interlocutory orders required to progress the case?
6. In cases where injunctions or maintenance orders are sought, it is important to ensure that the orders are necessary and supported by accurate financial statements.

Reality Testing the Client

A critical step in the process is to “reality test” your client. You need to evaluate the strength of their case against the opposing side. How realistic are their expectations? What risks or challenges do they face in court?

Drafting the Affidavit

The Affidavit is not just a retelling of the story. It is a powerful piece of written advocacy, read by the Judicial Registrar before the hearing. It needs to be strategic and focused. Important questions to ask include:

• What must you prove to secure the orders sought?
• What elements need to be established to meet the legal test?
• Does the affidavit directly address these elements?

For parenting cases, the affidavit should address any risks to the children, the practicality of the orders, and the children’s needs. In property matters, it should cover the property pool, contributions, and the parties’ needs.

Affidavits must also comply with page limits: 10 pages for Division 2 and 25 pages for Division 1.

Financial Statement

A well-prepared financial statement can greatly impact the outcome of the case. Ensure that figures are accurate, and that Part N is fully completed. Be mindful of potential double-counting and include this document in parenting cases where financial issues are relevant.

Practical Considerations for Case Progression

To ensure the case moves forward efficiently, consider whether valuations, discovery, single expert reports, subpoenas, or drug screens are necessary.

Case Outline

A case outline should be filed on time and include:

• A summary of key issues
• Identification of heads of power
• Specific orders sought

 

Preparing for the Hearing | Family Lawyers Melbourne

Pre-Hearing Preparation

Before the hearing, communication with the other party is critical. If subpoenas need to be issued, they should be brought to the court’s attention early. Ensure that any electronic tender bundles are paginated and text-searchable. Above all, prepare your client thoroughly.

During the Hearing

Key points to focus on during the hearing include:

• Consolidating agreed and proposed orders into a Minute
• Keeping submissions targeted and relevant
• Making appropriate concessions
• Reality-testing the client to ensure they understand the logical arguments
• Focusing on disputed issues and being well-prepared to answer questions about practicality
• Ensuring you are familiar with the case materials and the tender bundle

Online Advocacy

All the same principles apply to online hearings as they do to in-person ones. Lawyers should approach online hearings with the same level of professionalism and preparation.

Contact Rowan Skinner Today

Court proceedings can indeed be stressful. At Rowan Skinner & Associates Lawyers, we have the expertise to help lift the burden and guide you toward the best possible outcome. By carefully following all the steps outlined above, we ensure that your case is handled with precision and care.

If you are struggling with your current situation, call our team at (03) 9995 9155 for a non-obligation discussion. We service clients in Melbourne, Melbourne Northern Suburbs, such as Northcote, Alphington, Carlton, Fitzroy, North Fitzroy, Kew and Heidelberg, as well as South Melbourne and South Yarra.

Authored by: Alicia Truong