QLD Unsuccessful mediation

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aggm84

Member
13 October 2023
2
0
1
Hi
My brother has had an unsuccessful mediation outcome with his ex regarding parting arrangements for their son and property division. As she has not agreed to settle despite getting all she asked for, he has now got no choice to to issue court proceedings. I’m just wondering how long between issuing the proceedings and actually getting before a judge?
Thanks
 

zaffin

Well-Known Member
9 October 2023
16
2
74
hi aggm84 I got this response from this new tool I use AI for Law, Contracts & Legal AI in Australia

"
In relation to the concern about the time frame from your brother issuing court proceedings to his case being heard in front of a judge, it's important to note that this is typically determined by a variety of factors, which can include the jurisdiction, the kind of dispute, the court's workload, and other procedural matters.

Under the Family Law Rules, as per rule 1.14, a party may apply for an extension of time to make an application stating the complexity of the case, the court's workload, and any backlog of cases. But fundamentally, it is advised to consult with a family law specialist to get a more precise understanding specific to your brother's case.

In reference to the Family Law Act section 117(1), each party generally bears their own costs. However, improvements can be made if the court becomes convinced that there are circumstances that justify this (section 117(2)). This could have a potential impact on the timeline and the court proceedings as well.

As mentioned in rule 9.03, if a witness in criminal proceedings is in custody, the Court may order that the witness be brought before the Court which could also influence the length of the proceedings. Also, in reference to Part 13.10, cost orders related to appeals could potentially have an impact on the duration of the court proceedings.

Crucially, case law and previous disputes set precedents that could be influential in determining the specific timeline of your brother's situation. Therefore, these factors should be considered and better clarified by seeking advice from a specialized family law legal expert. This information is meant to be instructive and provide a sense of context, but shouldn't replace the need for professional legal consultation."