A  family law trial occurs in the courtroom of the judge who is to hear and decide the case

A trial occurs in the courtroom of the judge who is to hear and decide the case. There are particular stages to be followed during the final hearing and for which a lawyer is absolutely necessary.

  • Opening -The judge will hear the objections of the parties, usually on the inadmissibility of assertions in the affidavits. The judge will then decide which are inadmissible as evidence.
  • Presentation of applicant’s evidence
  • Short opening explanation
    Only if required by the judge
    Limited to prayer and evidence to be presented
    Judge may also require respondent to give an explanation to clarify matters in dispute
  • Presentation of evidence in chief
    Evidence in chief is the main evidence of a party and which is contained in the affidavit
    Giving of oral evidence is up to the discretion of the judge
    Oral evidence may be allowed by the judge in the case of relevant matters which occurred after the filing of affidavit, if any matter has been left out in the affidavit or in order to correct errors.
    Relevant matters are those which tend to prove or disprove the issues to be decided by the court or such matters that may affect the credibility of a witness.
  • Witness gives evidence
  • Cross examination of applicant and his witnesses by respondent
    Respondent needs to make a formal written notice prior to the hearing in order to make sure that the affiants will be present during the hearing for cross examination.
    If the affiants fail to appear in court despite having received the notice, respondent can move to the court not to rely on their affidavits.
  • Applicant re-examines the witness
  • Same procedure is to be followed for every witness of applicant
  • Presentation of respondent’s evidence
    Same process followed by applicant
  • Case in reply by applicant
    Optional
    Expert witness for applicant may be presented and cross examined by respondent
  • Closing address
    Summarize all the matters in support of your case including citations of similar cases and pertinent provisions of the Family Law Act applicable to applicant’s case
  • Decision
    Court may adjourn for a short time or may set another date when the decision or order will be issued.
    Once the order is issued and read in court the parties should listen carefully and afterwards if there are any errors, should point them out to the judge.
    Court will then send a copy of the decision to the parties.

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Author

Alan Weiss

23rd March, 2020

Alan Weiss developed aussiedivorce.com.au after he experienced himself how devastating divorce proceedings can be. I witnessed firsthand my own future security, and that of my familys, being destroyed by acrimonious and costly divorce litigation. I created aussiedivorce.com.au to help people avoid an experience like this and lose thousands of dollars. Instead the aussiedivorce.com.au system will assist them in getting on with their lives.