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QLD How to Prevent a Trial in Family Court?

Discussion in 'Family Law Forum' started by Junior, 16 November 2015.

  1. Junior

    Junior Well-Known Member

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    I self-represent myself after I was suspended from work without pay last year. I was reinstated from my work this 2nd quarter of this year. Last Case Management hearing, the court orders a trial for next year but before the trial there will be a Compliance Hearing first.

    I'm against the trial after the traumatic experience which I have won last year in the District Court. The trial is for an unsupervised visit for my own children. At the moment, I'm having supervised visits for 2 hours every fortnight in the Children's Contact Centre. Not much time but it's meaningful for me and my children. No phone/video calls are allowed for communication even if I won the matter from the District Court of the same allegation made by my ex-wife.

    Can the trial be prevented from Family Court of Australia?

    Any thoughts?
     
  2. AllForHer

    AllForHer Well-Known Member

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    Realistically, the best (and only) way to avoid trial is to settle the matter by consent, but to achieve that, both parties have to be motivated to reach agreement. 95% of initiating applications for family matters are settled by consent before or on the day of trial, so you might consider pitching a few proposals to the other party and/or their solicitor for consent orders.
     
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  3. Junior

    Junior Well-Known Member

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    Thank you @ AllForHer,

    I have spoken to a solicitor before the case management hearing and according to his/her point of view, we cannot stop the court from ordering a trial. I know from the facts you already pointed out that the best way to avoid it is to settle the matter by consent. By the way, my matter is under Magellan Case, I have a DV case which was dropped a year ago in the Magistrate Court.
     
  4. AllForHer

    AllForHer Well-Known Member

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    That's correct, if the parties refuse to reach agreement, then a trial will be set, but it can be vacated any time up to or on the day if consent orders are reached during that period.
     
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  5. Junior

    Junior Well-Known Member

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    You are absolutely right @ AllForHer, I have a DV case that was vacated and later dropped in the Magistrate Court. The trial is for unsupervised from a supervised visit which is an absolute waste of hard earned money. They will not talk about sole or joint custody of the children purely for unsupervised contact.
     

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