A case conference is conducted by a Family Courts judge and is closed to the public. Only those directly involved in the matter can attend.
You do not have to attend the case conference yourself if you have a lawyer. Similarly, if the other party has a lawyer, their lawyer will attend the case conference.
If you are representing yourself, on the day of your case conference, you should:
Some court sessions may be conducted virtually. The court will inform you if you do not need to attend court in person. Find out more about virtual court sessions.
At the case conference, the court will:
The court may also direct parties to attend mediation and counselling at the Family Dispute Resolution (FDR) Division.
Once all the necessary documents have been filed and the court is satisfied the matter is ready for a hearing, the court will schedule a date for the hearing.
If both parties reach an agreement on the matter at the hearing, the court will record a consent order if it is satisfied that the order the parties are seeking is in the best interests of the child.
If both parties cannot reach an agreement at the hearing, the court may proceed to make an order based on the affidavits that have been filed in court, and after hearing submissions from the parties or their lawyers (if any).
Once the court has granted the order, parties can extract the court order via eLitigation at the LawNet & CrimsonLogic Service Bureau.
If a party is not satisfied with an order, they may appeal to the Family Division of the High Court by filing a Notice of Appeal.
They will need to file and serve the notice within 14 days after the date the order was made.
Find out about the appeal process.
Legislation associated with this topic includes: