a registrar conducts your case assessment conference.
what happens at the case assessment conference?
The case assessment conference is the first major event for most people who have a case in the Family Court involving financial issues. It provides an opportunity for you (the parties) to reach an agreement, with the help of a registrar.
If you cannot agree, the registrar will:
- assess and clarify the main issues of disagreement and the facts of the case
- consider the information you each need to provide about the areas of disagreement and disputed facts
- where appropriate, recommend other services that might help settle the dispute (for example, further family dispute resolution or progression to a hearing), and
- explain what will happen next.
If you or the other party have lawyers, they will participate in the conference.
The conference will conclude with a procedural hearing also conducted by the registrar. If you have reached an agreement, the registrar will make legally binding orders. You will not have to attend any further court events.
If you have not reached agreement, the registrar will make orders for the next steps in your case and what must be done to prepare for this. You will need to comply with any instructions on how to prepare for the next event.
What is the step after the case assessment conference?
The next step after a case assessment conference is either:
- A conciliation conference if appropriate, or
- Allocation to the first day before the judge if the case is suitable and ready to proceed.
After the case assessment conference you must:
- File and serve a Financial Questionnaire within 21 days after the case assessment conference
- Prepare with the other party and file a Balance Sheet as follows – in summary:
1. the applicant must prepare and send to the respondent an initial Balance Sheet within 28 days (it may be sent electronically) of the case assessment conference
2. the respondent must prepare and send an amended Balance Sheet within 21 days after receiving the initial draft
3. the applicant must then complete the Balance Sheet and file it with the Court within a further 14 days.
Family Law Rules 2004
Case assessment conferences are ordered under Rule 4.03 and 12.03 of the Family Law Rules.
Family Law Rules 2004
Rules 12.06 requires the Financial Questionnaire and Balance Sheet to be filed
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.