Family Court. For those going through separation, it can feel like one big, mysterious – and sometimes overwhelming – place. In reality, we’re often faced with a lack of clear information about what going to family court actually involves and how to feel comfortable and ready for it. In Part One of our two-part Romer Maud Family Lawyers blog series, Senior Associate Lawyer Durra Baraz breaks down what you can expect when attending family court to resolve your matters.
Read on.
When looking for the right way to resolve your family matters, seeking assistance from the family law court may become necessary. However, what many people don’t realise is that there are specific steps you’ll need to take before you can access support from the Federal Circuit and Family Court of Australia (FCFCOA).
These steps are known as pre-action procedures, and they are required before you can commence proceedings with the court.
Pre-Action Procedures:
These procedures exist because court proceedings should be a last resort, and pursued only after all reasonable efforts to resolve the issues have been made.
There are exceptions to this rule – for example, if your safety would be at risk by participating in mediation with your ex, if the situation is urgent, or if the pre-action procedures have not resolved the dispute.
If you are preparing to go to family court, here is an outline of what to expect and what each hearing involves.
The first court event is a procedural hearing – a pre-trial event where the court and both parties come together to identify the key issues, determine how the case will proceed, and set a proposed timeline.
This hearing is typically overseen by a Judicial Officer, otherwise referred to as a Judicial Registrar, who plays an important role in managing the court’s workload and making sure the matter progresses efficiently.
These Judicial Officers can make parenting or financial orders at the hearing, provided both parties give their consent. If agreement cannot be reached, they still have the authority to make certain procedural orders to help progress your family law matter.
It’s important to note that any substantial or significant orders – whether parenting or financial – can only be made at the First Return List if both parties consent.
If there are substantial parenting or financial orders that couldn’t be achieved at the First Return List due to a lack of agreement, your matter will be required to be listed for an Interim Hearing. At this hearing, a decision can be made by a judge or a Senior Judicial Registrar about particular issues in dispute on an interim or interlocutory basis.
At the interim hearing, the judge or Senior Judicial Registrar will consider the material filed by each party and make orders for the interim, pending a further hearing.
Understanding Court Children’s Service interviews and reports
In some family law matters, such as parenting disputes, a judge may order a Child Impact Report. From here, a judicial officer might order the parties and their children to meet with a Child Court Expert for the preparation of the report.
This will most likely happen prior to the Interim Hearing, as the report can help resolve the parenting dispute during the hearing.
The next stage after an Interim Hearing is the Dispute Resolution conference. This might be conducted at the court by a Judicial Registrar. In parenting matters, it’s called a Court-Based Dispute Resolution Conference, while in financial matters, it’s known as a Conciliation Conference. These conferences may also be held by an external service or a Mediator/Family Dispute Resolution Practitioner, depending on the situation.
This stage aims to maintain amicability between the parties in the hope of avoiding the need to proceed to a Final Hearing.
If your Dispute Resolution Conference was unsuccessful, or there are still outstanding issues, the case will be listed for a Compliance and Readiness Hearing before a judge.
The purpose of this hearing is to ensure the parties have complied with all court orders and directions, and are ready to proceed to a final hearing.
A final hearing is the final determination of the case by a judge. The duration of a final hearing can vary from one day to several days depending on the complexity and number of issues in dispute. The judge will make their decision and deliver their reasons for judgement.
If you’ve read through this blog and are still feeling overwhelmed, that’s completely okay! Our team is here to make you feel at ease by providing clear guidance and support.
Keep an eye out for Part Two of this blog series, which will be exploring answers to frequently asked questions relating to family court.
To chat with us about your separation matters and find the empathetic support you need, book an appointment with our team here.
About The Author - Durra Baraz
Durra Baraz is our Senior Associate Family Lawyer. She holds a Bachelor of Arts (Honours) and Law in Arts degree with a major in Arabic Language and Translation. Durra has a deep passion for helping clients who speak little English – and are more confident Arabic speakers – receive the quality support they need.
Before working in law she was a Human Resource Officer for a number of years, honing her skills in communication and negotiation.
She is a proud mother to three boys and spends her time outside of work with friends, family, and teaching Sunday school at her church.
*This post is an overview only and should not be considered as legal advice. If there are any matters that you would like us to advise you on, then please contact us.
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Disappointing experience, especially because when choosing a lawyer I read so many positive reviews for this company. From the beginning, I felt unsupported and as though my matter was not genuinely being progressed. Despite paying for legal fees when necessary, I saw little to no meaningful progress and ultimately felt that my matter went nowhere. The other party was repeatedly able to not respond, and I felt there were limited options or consequences available to move things forward, even in light of previous court arrangements. I understand that solicitors cannot control the other party or guarantee an outcome. However, I expected clear communication, genuine support and reasonable efforts to progress my matter, particularly when ongoing concerns and behaviours were being raised. Instead, I was left feeling unheard, frustrated and out of pocket, with no meaningful change to the parenting arrangements and continuing difficulties around communication and parenting responsibilities. I also questioned whether my age affected my experience, although I cannot say that this was the case. I simply hope that being a younger client did not influence the level of attention or support I received, as I was still a paying customer seeking legal assistance. Alison and Seren both seemed lovely on a personal level, but unfortunately I was left feeling that my matter was not a priority. Overall, I unfortunately would not choose to use this firm again. I will add though, Seren understood my circumstances and worked with me to ensure I could afford each step of the process, it’s just unfortunate nothing more could be achieved with the obvious act of neglect from the other party.
27 September 2026
Very Helpful with lots of information regarding our requirements. Also very professional in the manner they conducted the teams meeting.
30 July 2026
Highly recommend Romer Maud for their legal expertise in family law and professionalism, but equally their care and support throughout the process - in particular Emina Hiddick who was an absolute rock and guiding light throughout, always patient, responsive and generous with her time, knowledge of the legal system and advice. I felt confident and fortunate to have Emina representing me and helping me navigate a challenging time.
25 May 2026
I had such wonderful support through one of the most difficult times of my life from Emina at Romero Maud Family Lawyers. She handled my case with kindness and respect and was able to guide me whilst also allowing my to maintain my core goals and outcomes. Would highly highly recommend.
29 April 2026
Seren from Romer Maud was absolutely amazing. She was professional, supportive, and genuinely cared about getting the best outcome for me and my daughter. She made a stressful process much easier and kept everything clear and straightforward. I’m so grateful for her help and highly recommend her to anyone needing a family lawyer. Thank you so much Seren and the team at Romer Maud, we couldn't of done it without you.
29 April 2026
Communication was not effective I was confused about my situation and after taking their first appointment I didn’t felt like I have been heard or suggested what would be my next steps
29 April 2026
In response to the comment from Romer Maud below - I use a pseudonym online, the reason for which should be plainly obvious especially to you given what you’ve been privy to of my situation. The fact that you cannot recall a 22 month long separation which you were part of says it all really. I have included more than enough specific details that the case should be obvious to you. I was not your client, my previous partner was. However we were both massively negatively impacted on every level by your ineptitude, highlighted here by the very fact you’ve no recollection even of the case, that only concluded in April of this year. My original review post: At every point where an agreement should have been reached, this firm failed to effectively guide their client toward resolution. As a result, the separation was unnecessarily prolonged. This was not over a complex or high-value asset pool. It was modest, and the limitations were clear, if not from their client, then certainly from the accurate information repeatedly provided by my lawyer and barrister. Their approach cost both their client and myself over $50,000 each in unnecessary legal fees. They provided incorrect advice regarding financial separation and were unable to manage their client’s expectations. At mediation, my barrister (with 20+ years’ experience) had to explain, in front of one of this firm partners and their junior barrister, what a court would consider fair and reasonable. Even after eight hours of negotiation that day (which they only attended because their client failed to appear), no agreement was reached. Ultimately, their client accepted an offer I had made two years earlier, before lawyers were involved, based on my own accurate research. By that point, we had spent over $50,000 each and endured 22 months of entirely avoidable litigation. Our combined legal fees equated to roughly one-fifth of the asset pool, with this firm’s fees representing more than one-third of their client’s share. The cost of reaching agreement was excessive. For nearly two years, they allowed their client to believe they were entitled to far more than a court would award. We came close to a final trial, a costly and stressful outcome we narrowly avoided. Their conduct prolonged financial limbo and, in my view, enabled ongoing financial abuse. The court was aware of this. It is unclear whether this reflects inexperience, an inability to manage difficult clients, or prioritisation of fees over resolution. Regardless, the outcome was the same: delay, cost and psychological distress. If this firm represents you or your ex, expect prolonged timelines, significant legal costs, and repeated inaccuracies in correspondence and financials. I routinely had to pay my lawyer to correct their errors. They operated on a deferred payment model, taking fees from their client’s settlement. This likely reduced their client’s awareness of escalating costs. In contrast, I paid regularly, making the financial impact of litigation immediate. Following mediation, progress improved slightly (though settlement still took another five months), likely once the financial reality became clear they would not be paid appropriately for a final trial out of their clients realistic share of the asset pool. Communication was consistently delayed, court ordered deadlines were never respected and responses were often almost always incomplete or incorrect. Even post-settlement, finalisation of court-ordered matters was delayed by SIX months. I had to re-engage my lawyer just to obtain responses and ultimately complete required work myself to ensure compliance after this firm sent confirmation that proved their client lodged a highly questionable tax return, attempting to avoid paying CGT entirely, which was outside what was legally required. I strongly recommend avoiding this firm. If they are acting for your ex, be prepared for an unnecessarily prolonged and costly process.
28 April 2026
Very professional and lovely to speak to, gave me confidence to move forward knowing they will support me all the way
31 March 2026
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