How to Prepare for Your First Family Court Appearance After Failed Mediation
When mediation doesn’t lead to a resolution, the next step in your family law matter may be court. Facing your first court appearance can feel overwhelming, especially if you’ve never been through the legal system before. Preparation is key, not only for presenting your case but also for reducing stress and confusion on the day.

1. Know Why You’re Going to Court

Your first appearance is usually a procedural or interim hearing, not the final trial.

The court will typically:
  • Review the issues in dispute
  • Consider any urgent matters (e.g. temporary parenting arrangements or property concerns)
  • Set timelines for evidence and future hearings

Understanding the purpose of the hearing will help you stay focused and realistic about what will happen on the day.

2. Gather and Organise Key Documents

Make sure you have copies of all relevant documents, including:
  • Your Initiating Application
  • Affidavits and evidence you’ve submitted
  • Section 60I Certificate (for parenting matters)
  • Any court orders or correspondence received

Keep your paperwork neat, labelled, and easy to access during the hearing.

3. Follow Any Court Directions

Before your first appearance, you may be directed to:
  • Complete a Notice of Risk (for parenting matters)
  • File additional documents
  • Respond to the other party’s application

Follow directions carefully and meet all deadlines, failing to comply can reflect poorly on your case.

4. Dress and Behave Respectfully

Treat court appearances seriously. Dress neatly and avoid casual or inappropriate clothing. Be respectful in court, speak clearly, listen carefully, and do not interrupt others, even if emotions run high. If you have legal representation, let your lawyer speak on your behalf unless asked otherwise.

5. Be Ready to Negotiate or Accept Interim Orders

The court may encourage both parties to reach temporary agreements. Be prepared to discuss potential interim parenting arrangements or property access, especially if it helps avoid further conflict.

6. Consider Legal Representation or Advice

You don’t have to navigate the court alone.

A family lawyer can help:
  • Clarify what to expect
  • Prepare your documents and strategy
  • Speak for you in court
  • Ensure your rights and interests are protected

Your first family court appearance sets the foundation for how your case progresses. By understanding the process, staying organised, and seeking legal guidance where needed, you can approach the day with confidence. While court is rarely easy, being prepared can make all the difference.
For more family law advice like this, feel free to reach out to Genuine Legal for a consultation.
Call us on (07) 2102 0641 if you need our assistance.
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