what happens at a case assessment conference?
If you apply for a financial order in a Family Law Court, you will probably need to participate in a case assessment conference. This article will let you know what to expect.
The case assessment conference is the first significant court appearance in most financial cases. It is conducted by a registrar rather than a judge. The conference has two purposes:
Working with the registrar, you and your former partner may be able to settle your dispute without the need for further court hearings.
If your dispute is not resolved, the registrar will help you define the issues that the court will need to decide.
How do I prepare for a case assessment conference?
When you make an application for a financial order, you must fulfill a duty of disclosure. Certain information must be provided to the court and to your former partner.
No later than two days before the case assessment conference, you must exchange the following documents with your former partner:
- Tax returns for the last three years.
- Current superannuation agreements.
- A completed superannuation information form.
- Financial statements for the last three years for every corporation or partnership in which you have a significant ownership interest.
- Business activity statements for the last twelve months for every corporation or partnership in which you have a significant ownership interest.
- Certain other corporate documents for every corporation in which you have a significant ownership interest.
- The trust deed for every trust in which you have an ownership interest.
- The partnership agreement for every business in which you are a partner.
- Property appraisals for all property in which you have an ownership interest.
If you own significant property, you will probably want to have a lawyer help you understand your disclosure obligations and assist with assembling the necessary documents.
What happens after the case assessment conference?
At the end of the conference, the registrar will conduct a procedural hearing. The registrar will decide what needs to happen next in the case.
If you arrive at a settlement (or a partial settlement) during the conference, the registrar will enter orders to make your settlement binding. If you do not resolve all your issues, the registrar will either set your case for a conciliation conference or for an appearance before the judge assigned to your case.
Disclaimer : This article provides basic information only and is not a substitute for a professional or legal advice. It is prudent to obtain legal advice from a family lawyer.