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NSW Understanding Family Court Final Trial Courtroom Procedure

Discussion in 'Family Law Forum' started by Karsidi, 20 June 2015.

  1. Karsidi

    Karsidi Active Member

    20 June 2015
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    My Family Court trial is in 3 days time. I am a Self Represented Litigant and the Applicant. The Respondent is also SRL and there is an ICL. I am not familiar with trial procedure save that it is governed by Division 12A but that does not explain the practicality of what the process in the courtroom. Can any family law specialist help me imagine a typical process in a FCA trial?
    1. I assume it starts with the Judge asking what are the issues in dispute, the orders sought and what evidence each party relies on?
    2. Then the Applicant can present an Opening Submission?
    3. Then the Applicant present his examination in chief? But how can an SRL do this as he has no counsel to ask him question? This is what got me beat.
    4. The Respondent first then ICL later will cross examine the Applicant?
    5. Then the Applicant's witnesses are examined by the Applicant?
    6. The Respondent first then ICL later will cross examine these witnesses?
    7. Now it is the turn of the Respondent to present her examination in chief? Again if she is an SLR, does that means she sits on the witness box and question herself?
    8. The Applicant first then ICL later will cross examine the Respondent?
    9. Then the Respondent's witnesses are examined by the Respondent?
    10. The Applicant and ICL cross examine these witnesses?
    11. Now it is the turn of expert witnesses such as the Family Consultant to be cross-examined by the Applicant, Respondent and ICL?
    12. Applicant presents Closing Submission?
    13. Respondent presents Closing Submission?
    14. ICL presents Closing Submission?
    15. Judge makes decision or reserve decision to a later date?
    Is the above how it ordinarily goes? I been to a couple of defended hearings and researched court room advocacy, but there are still lots of gaps in my appreciating the court room process. Hope I can get hints over this weekend.
  2. Anubis

    Anubis Well-Known Member

    6 May 2015
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    Can you find someone to help you? This is not the time to be learning on the fly.
    Very likely the judge will say something like "let me give you my preliminary thoughts" which is code for "this is where I am going with this, I suggest strongly that you all step outside and come back with some consent orders that fit with my view."

    Failing that the hearing will begin. Judge will guide you on procedure and try to streamline it for you.

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