NSW Clarification of a Directions Hearing?

Discussion in 'Family Law Forum' started by Hanna jaye, 16 March 2019.

  1. Hanna jaye

    Hanna jaye Well-Known Member

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    Hello,

    Could someone please clarify what a directions hearing is? As my understanding was along the lines of for mediation / trial directions.

    However, the ICL advised likely going to a non-attendance direction?

    I have read the family law rule book 2004 & the family law act 1975 + the evidence act 1977. Yet I still am lost as I can not find any such term. Self-representing for clarity
     
  2. Rod

    Rod Lawyer
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    A directions hearing is a procedural hearing where a registrar or judge says what is to happen and when. ie You must deliver 'x' documents by such and such date, or must get a drug test by such and such date.
     
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  3. Hanna jaye

    Hanna jaye Well-Known Member

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    Thankyou thats the kind of idea i was under (watched a few cases now). But i am sure the ICL said a non attendance hearing will be the likely directions.

    I have never heard of that unless an exparte but thats only for recovery isn’t it? I have tried looking this up no such thing can be found by me.

    This is a case of significant family violence inclusive of the ICL & Judge becoming targets from blow ups within the court room & communication correspondence. So unsure if thats why a non attendance? Have you ever heard of a non attendance?
    Or maybe i miss heard but both of us believe we heard the same terms

    It’s overwhelming to self represent when your not prepared
     
  4. Jake Matherson

    Jake Matherson Well-Known Member

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    Just chucking another idea in there for you.

    Some of my mentions/directions hearings the parties have been granted leave(given permission) to attend by telephone.

    As only procedural orders are made and no big decisions the court calls all parties at the allocated time and you have a hearing by phone call.

    Just thinking out loud as non-attendance hearing could be another way of saying hearing by telephone. Not a lawyer, don't know for certain.

    Ex-Parte like you suggested is a hearing without the other party being preset and likely without being notified the court session is taking place.
    Generally this would be for recovery or to get immediate emergency orders preventing the other person running away with the child or hurting the child if they were to find out a parenting matter was coming their way.
     
    Hanna jaye likes this.
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