01 April 2022
Family law - Interim hearing
I have an interim defended hearing listed soon. I am preparing the case outline and will provide it to the other side and court. As for the procedure on the day of the hearing, can you provide some guidance on what to expect on the day of the hearing? For example, what happens? What is the duration?
Thank you for the question.
Interim hearings will usually take no more than two hours: see r 5.09 of the Federal Circuit and Family Court of Australia (Family Law) Rules 2021. Counsel for each party will make submissions supporting their client’s case with reference to the material before the court. The applicant’s counsel will present their case first, addressing the relevant legislation and case law.
Generally, there will be no cross-examination of witnesses.
Depending on the complexity, the Judge may make a decision immediately or may reserve judgment.
Further information on interim hearings can be found in the relevant By Lawyers family law commentaries and the Hearing types page published on the Federal Circuit and Family Court of Australia website.
Regards,
Mentor
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