the trial in financial cases
Cases in court are not conducted or decided in the same way because it is the Judge that decides what appropriate actions needs to be taken. The Registrar facilitates a speedier transaction with the Court by checking to see if all documents have been prepared, filed and ready for trial to begin.
A party who has not obeyed orders or instructions will have to explain to the Registrar the reason for non-compliance. The procedural hearing or review before the Registrar is conducted weeks before the trial.
Under the new system parties will no longer get a trial notice. Parties may be required to attend a ‘call over’ before the Judge and Registrar during which the Judge will ask details about the issues in dispute. At this point, the Judge will decide what evidence will be used. For the call over a party must be prepared with a summary of the issues, a list of witnesses and documents and an explanation as to why these are being presented to the Court.
The Court will also inspect the qestionnaire and balance sheet, if any, during the call over. The questionnaire is a document that must be filled up carefully because it asks about current arrangements and the orders that a party seeks. During the call over the family consultant or registrar may make recommendations about the case.
Once the call over is finished a trial date will then be set. The remaining days of the trial are called ‘conclusion hearing’. A party who has an urgent issue that needs to be decided immediately must inform the Registrar or family consultant so that interim order can be made.
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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.