Final Hearings (also known as Trials) are held in the Family Court and Federal Circuit Court. They determine applications for Final Orders. The Final Orders do have serious implications. The Final Hearing takes place after all interim applications have been finalised and you have participated in the pre-trial procedures, which includes a directions hearing. We usually instruct a Barrister to conduct the hearing on your behalf.
Before proceeding with a Trial the parties are required to file their trial evidence.
This means their affidavits, witnesses affidavits, and a Case Outline. The affidavits prepared by a party and their witnesses make up their evidence in chief. The Family Court generally allows only one affidavit per witness. The evidence in chief is an important stage in the process. It allows you to present the evidence you want the court to consider and sets out your side of the story.
The usual order of proceedings during a Trial is as follows:
- The applicant makes opening submissions. - Applicant calls the first witness (usually the applicant himself or herself). - Applicant’s witness gives evidence. - The respondent may cross-examine that witness. - The applicant may re-examine that witness (only about matters arising out of cross-examination). - Applicant calls the next witness. - The process of cross-examination and re-examination of that witness repeats.
- Respondent makes an opening address (if the judicial officer permits). - Respondent calls the first witness (usually the respondent himself or herself). - Respondent’s witness gives evidence. - The applicant may cross-examine that witness. - The respondent may re-examine that witness (only about matters arising out of cross-examination). - Respondent calls the next witness. - The process of cross-examination and re-examination of that witness repeats.
Note on cross-examination
It is important to note that the Family Law Act 1975 does not allow personal cross-examination in family law proceedings in certain circumstances where there are allegations of violence. Victims of family violence are offered protection during cross-examination in family law proceedings.
Following the conclusion of the presentation of both parties' cases, the parties make their closing statements. Usually the Judge will delay handing down the Judgement and will not hand down Judgement on the same day as the Hearing.
How do we work with you?
Apply for a free case assessment and schedule a consultation.
At the consultation we will advise you about the process, give our views about the prospects of your application and provide a fixed fee quote for representation. The consultation has no obligations.
If you decide to instruct us, we will provide you with a Retainer and a Costs Agreement.
Services & Price
$4,000 (incl GST)
The taking your instructions, drafting all trial documents (including your trial affidavit and all witnesses affidavits) and providing advice
$900 (incl GST)
If required* the costs for viewing subpoena materials and all correspondence with the other parties up until a Trial date
$5,000 (incl GST)
The cost for the first Trial day, which covers both our and the Barrister’s fees.
$3,000 (incl GST)
Each following Trial day, which covers both our and the Barrister’s fees.
Genuine Legal Pty Ltd trading as Genuine Legal in Family Law & Divorce matters, trading as HERE Legal in Criminal & Traffic Law matters, trading as Visa Appeals in Migration Law & Human Rights. ACN 617 189 536 / ABN 18 617 189 536