Usual steps in a Family Court of WA case

Usual steps in a Family Court case
William Sloan, accredited specialist family lawyer
Cases in the Family Court of Western Australia usually follow a standard pathway.
This guide provides an overview of the usual steps.
It is important to understand however, that each individual case is different. The Court retains a
discretion to manage each individual case in a way that is appropriate to the circumstances of that
case. Consequently, not every case will precisely follow the sequence of steps described here in this
guide.
Financial case..........................................................................................................................................3
Standard steps taken in most cases....................................................................................................4
Pre-Action Procedures....................................................................................................................4
Application......................................................................................................................................4
Response.........................................................................................................................................4
Directions Hearing ..........................................................................................................................5
Disclosure........................................................................................................................................5
Conciliation Conference..................................................................................................................5
Trial documents ..............................................................................................................................6
Readiness Hearing...........................................................................................................................6
Callover ...........................................................................................................................................6
Status Hearing.................................................................................................................................6
Trial .................................................................................................................................................7
Delivery of Reserved Decision.........................................................................................................7
Implementation ..............................................................................................................................7
Additional steps taken in some cases.................................................................................................7
Reply................................................................................................................................................7
Notice to Trustee of superannuation fund .....................................................................................8
Meditation Style Conference..........................................................................................................8
Single Expert .................................................................................................................................10
Interim Application .......................................................................................................................11
Subpoena ......................................................................................................................................11
Notice to Admit.............................................................................................................................12
Request to Answer Specific Questions .........................................................................................12

William Sloan, accredited specialist family lawyer 2
Parenting case.......................................................................................................................................13
Standard steps taken in most cases..................................................................................................14
Family Dispute Resolution ............................................................................................................14
Application....................................................................................................................................14
Response.......................................................................................................................................15
Child-related proceedings Hearing ...............................................................................................15
Case Assessment Conference .......................................................................................................15
Trial documents ............................................................................................................................16
Readiness Hearing.........................................................................................................................16
Callover .........................................................................................................................................16
Status Hearing...............................................................................................................................17
Trial ...............................................................................................................................................17
Delivery of Reserved Decision.......................................................................................................17
Additional steps in some cases.........................................................................................................17
Interim Application .......................................................................................................................17
Subpoena ......................................................................................................................................17
Information or documents from a State agency...........................................................................18
Notice of Child Abuse or Family Violence.....................................................................................18
Family Report................................................................................................................................18
Single Expert .................................................................................................................................19
Independent Children’s Lawyer....................................................................................................19
Further information ..............................................................................................................................20

Financial case
The diagram below provides an overview of the major steps in a financial case in the Family Court of
WA. There is more detailed information about each of the steps on the following pages. Additional
steps (which are not shown in the diagram below) are taken in some cases.
Pre-Action
Procedures
Application
Response
Directions
Hearing
Conciliation
Conference
Trial documents
Readiness Hearing
Callover
Status Hearing
Trial
Delivery of
Reserved Decision

Standard steps taken in most cases
Pre-Action Procedures
In most circumstances, before a case is started in the Family Court of WA in relation to financial
matters, there is a requirement to complete what are known as the “pre-action procedures”.
The pre-action procedures are set out in full in Part 1 of Schedule 1 to the Family Law Rules 2004
(Cth).1
Steps to be taken as part of the pre-action procedures include:
• Producing a Schedule of Assets & Liabilities;
• Providing disclosure of documents to the other party;
• Seeking disclosure of documents from the other party;
• Participating in dispute resolution (for example negotiations or Mediation);
• Giving written notice of intention to commence Court proceedings.
Application
If a case is to be started in the Family Court of WA, then the primary document is an Application. The
Application sets out details of the parties involved in the case, together with the Orders that the
Applicant is seeking for the Court to make.
In a financial case, the Application will usually be accompanied by at least two other documents,
namely:
• A Financial Statement setting out details of assets, liabilities, superannuation, income and
expenses; and
• An Affidavit providing other evidence in support of the Orders being sought in the Application.
In most circumstances, an Application cannot be filed with the Family Court until at least 14 days have
elapsed, following the giving of written notice of intention to commence proceedings, as part of the
pre-action procedures (see above).
Upon the filing of the Application, the Court charges the Applicant a fee. The fees charged by the
Court change from time to time. Details of the current fees are available on the Court’s website at:
www.familycourt.wa.gov.au.
After the Application and associated documents have been filed with the Court, they must then be
served on the other party to the case (the Respondent).
If the Respondent has a lawyer acting for them, then their lawyer may accept service of the documents
on behalf of the Respondent. Otherwise, in most circumstances, a process server will be engaged to
effect service on the Respondent personally.
Response
The Respondent must file with the Court and then serve on the Applicant, a similar set of documents,
namely:
• A Response;
• A Financial Statement; and
• An Affidavit.
1
The Rules are available at www.legislation.gov.au

The Respondent’s documents are due by the date 7 days before the Directions Hearing.
Upon the filing of the Response, the Court charges the Respondent a fee. The fees charged by the
Court change from time to time. Details of the current fees are available on the Court’s website at:
Directions Hearing
The date for the Directions Hearing will be allocated at the time the Application is filed. Typically, the
Directions Hearing will be about 2 months after the date of the filing of the Application. The precise
date for the Direction Hearing will depend upon factors including the availability of Court listings.
The Directions Hearing will typically be conducted by a Registrar of the Court.
Matters to be considered at the Directions Hearing include:
• Whether there has been sufficient compliance with the pre-action procedures;
• Whether the Respondent’s documents have been filed and served;
• Programming the case to the next ordinary step in the process, namely the Conciliation
Conference.
Disclosure
Disclosure is an obligation that commences during the pre-action procedures (before a Court case has
even been commenced) and which continues throughout the entire period a case is before the Court.
Precisely which documents are required to be disclosed in a particular case will depend upon what
the issues in the case are: the obligation is to disclose documents that a party has in their possession
or control that are relevant to the issues in the particular case.
Conciliation Conference
Conciliation Conferences are typically held about 3 – 4 months after the Directions Hearing. The
precise date for the Conciliation Conference depends upon factors including the availability of Court
listings.
The Conference is an opportunity for the parties to seek to negotiate a settlement of the case.
The Conference is a conducted by a Registrar.
The Court charges a fee for providing the Conciliation Conference. Usually, the fee is paid by the
Applicant. The fees charged by the Court change from time to time. Details of the current fees are
available at: www.familycourt.wa.gov.au.
In preparation for the Conference, each party must prepare and provide to the Court and to the other
party, a set of papers known as Particulars. The Particulars set out details including:
• A Schedule of Assets & Liabilities;
• The factors that the party says are significant in respect of the determination of the parties’
entitlements;
• The party’s proposal for settlement at the Conference.
If negotiations at the Conference result in the terms for settlement being agreed, then:
• A Minute of Consent Orders can be drafted to record the settlement; and
• The Registrar can then make Orders in terms of the Minute.
On the other hand, if no settlement is agreed at the Conference, then the Registrar will programme
the case to proceed to the next step in the process, namely the Readiness Hearing.

As an alternative to going to a Conciliation Conference, a case may instead go to a Mediation Style
Conference. There is further information about Mediation Style Conferences later in this guide.
Trial documents
The Directions made at the Conciliation Conference will include a timetable for a series of steps to be
taken to prepare the case to be ready to proceed to Trial.
Those documents will include (for each party):
• A detailed Trial Affidavit;
• An Updated Financial Statement;
• Affidavits from any other witnesses required in relation to issues in the case.
The due date for those documents will be shortly before the date of the Readiness Hearing.
Readiness Hearing
The Readiness Hearing is conducted by a Registrar.
As the name suggests, the purpose of the Hearing is to assess the readiness of the case to move
forward towards Trial.
The factors to be considered in assessing readiness include:
• Whether each of the parties have filed their Trial documents;
• Whether any Single Experts who have been appointed have published their Reports.
If the Registrar is satisfied that the matter is ready, then the Registrar will make directions to program
the case forward to the next step in the Court process, known as a Callover.
On the other hand, if the Registrar is not satisfied as to readiness, then the Registrar may make
directions requiring the parties to attend a second Readiness Hearing (with the intention that the
outstanding matters will be attended to in the intervening period).
There are currently lengthy delays in the Family Court. The time between when the Conciliation
Conference is held and when the Readiness Hearing is held may be a year or more.
Callover
The purpose of the Callover is to allocate a specific date for the Trial to commence.
The Callover is conducted by a Judge.
The factors that the Judge has regard to at the Callover (when allocating a date for Trial) include:
• The Trial dates that the Court has available;
• The availability of the Counsel appearing on behalf of the parties; and
• The availability of any witnesses required to attend Trial for cross-examination.
The Callover is usually held about 2 to 3 months after the Readiness Hearing.
Status Hearing
A Status Hearing is conducted by the Judge or Magistrate who will be hearing the Trial.
The Status Hearing is typically held about 1 or 2 weeks before the Trial is scheduled to commence.
The Status Hearing is an opportunity to deal with matters of an administrative nature and is intended
to ensure the readiness of the matter to commence on the scheduled start date.

Trial
Trials are typically allocated listings that are between about 3 and 6 months from the Callover.
The Court charges daily fees for providing the Trial. Usually, Orders are made requiring each party to
pay half of the fees. The fees charged by the Court change from time to time. Details of the current
fees are available at: www.familycourt.wa.gov.au
At the conclusion of the Trial, the Judicial Officer may deliver their Decision immediately (sometimes
referred to as giving an “Ex Tempore” Decision).
Alternatively (and more commonly), the Judicial Officer may wish to take some time to consider
matters before delivering their Decision. This is referred to as a “Reserved Decision”.
Delivery of Reserved Decision
After the Trial has concluded, and after the Judicial Officer has had time to consider matters, a
Reserved Decision will be delivered.
The Decision will be comprised of the Orders the Judicial Officer is proposing to make, together with
the reasons for the Decision.
Implementation
Following the making of Final Orders, in a financial matter it will likely be necessary for steps to be
taken to implement and give effect to those Orders.
Examples of steps that may be required depending upon the circumstances of the particular case
include:
• Transfers of real estate or other assets;
• Re-financing of debt (where, for example, one party is going to assume sole responsibility for what
had previously been joint debt);
• Payment of money, including over time;
• Changes to be made to entities that the parties have been involved with (for example, where one
party is going to resign as a Director of a Company).
Additional steps taken in some cases
Reply
The party who starts the case files an Application. In the Application, that party identifies the issues
that they want the Court to deal with.
The other party then files a Response. In the Response, the other party to the case lets the Court
know their position in relation to the issues that have been raised.
Sometimes (although not always), the Respondent may also raise new issues. If that has occurs (if the
Respondent has raised new issues), then the Court needs to know the Applicant’s position in relation
to those new issues. The means for that to occur is for the Applicant to file a further document known
as a Reply.
This is perhaps best illustrated by an example:
• An Applicant files an Application seeking Orders for alteration of property interests;
• A Respondent files a Response setting out their position in relation to the alteration of property
interests plus also seeking spousal maintenance;

• In those circumstances, the Applicant needs to file a Reply setting out their position in respect of
the new issue that has been raised in the Response (in this case spousal maintenance).
Notice to Trustee of superannuation fund
If Orders are being sought to split an interest in a superannuation fund, then there will be a
requirement to give notice to the Trustee of the relevant fund.
This involves giving the Trustee an opportunity to comment on the form and substance of the splitting
order being sought.
Meditation Style Conference
As referred to above, one option is for a case to go to a Court event known as a Conciliation
Conference. Another option is to instead go to an external event known as a Mediation Style
Conference.
A Conciliation Conference is conducted by a Registrar (an Officer of the Court). A Mediation Style
Conference is instead conducted by a privately appointed Chairperson.
The table below provides a comparison between the two types of Conferences:
Conciliation Conference Mediation Style Conference
Wait time The wait time for a Conciliation
Conference is comprised of two parts:
• The time between the filing of an
Application and when the Directions
Hearing is held. Typically, this is a
period of about 2 months;
• The further time between the
Directions Hearing and the
Conciliation Conference. Typically,
this is a period of about 4 months.
The combined wait time is therefore
about 6 months.
A Mediation Style Conference can be
convened more or less immediately.
Factors which may impact the timing
include:
• The availability of the parties, their
lawyers and the Chairperson;
• Whether any steps need to be taken
before the Conference is convened
(for example obtaining Valuations).
Documents
prepared for
Conference
Before a Conciliation Conference, each
party must prepare and provide to the
Court (and to the other party), a set of
papers known as Particulars. These are
in a prescribed format.
There is no prescribed format for the
documents to be prepared for a
Mediation Style Conference. What is
required will usually be tailored to the
circumstances of the individual case.
However, it is common for a set of
papers to be prepared which are like the
Particulars prepared for a Conciliation
Conference.

Intake
sessions
The Court does not conduct any form of
intake session for either party for a
Conciliation Conference in the standard
format. As a result, the first occasion
that the Registrar conducting the
Conference meets the parties is at the
Conference itself.
With a Mediation Style Conference, the
Chairperson in most cases, meets
separately with each of the parties and
their lawyers ahead of the Conference.
Typically, this is a meeting of up to about
1 hour. It gives the parties and the
Chairperson an opportunity to become
familiar with each other and gives an
opportunity for the Chairperson to
explore in a preliminary way, the issues
to be dealt with at the Conference itself.
Time
available on
the day
The Registrar appointed by the Court to
conduct a Conciliation Conference will
have several Conferences to conduct
over the course of a single day. As a
result, the Registrar might only have as
little as an hour to conduct the entire
Conference. This can frequently be a
limitation on what can be achieved at
the Conference.
At the time of the parties appointing a
private Chairperson, they will agree the
allocation of time required to properly
conduct the Conference. The most
common arrangement is for all parties
to set aside a full day. In most cases, this
is sufficient. However, if the end of the
allocated time is reached, the parties
have the option of agreeing to convene
a further session to continue the
negotiations on another day.
Chairperson A Conciliation Conference is conducted
by a Registrar (an Officer of the Court).
A Mediation Style Conference is
conducted by a privately appointed
Chairperson. The Australian Institute of
Family Law Arbitrators & Mediators
plays a role in accrediting people who
can be appointed as the Chairperson.
People who act as the Chair come from
a range of backgrounds, including:
• Former Judicial Officers; and
• Senior legal practitioners.

Cost The Family Court of WA charges a fee to
conduct a Conciliation Conference. The
fee varies from time to time. As of
January 2021, the fee was $410. Details
of the current fee can be accessed on
the Family Court of WA website:
www.familycourt.wa.gov.au
Ordinarily, the fee is paid by the
Applicant in the case.
In addition to the fee payable to the
Court, each party also pays the fee for
their lawyer to attend the Conference
with them.
Different Mediators charge different
fees. The fee to be charged is one of the
factors to be considered when selecting
a Mediator to be appointed. The
ordinary position is that each party pays
half of the fee.
Factors such as the level of seniority of
the Mediator influence the amount of
the fee. Typically, fees tend to be in the
range somewhere between about
$3,000 to $6,000.
The fee includes not only the time spent
on the day of the Mediation itself, but
also time spent in reading the written
material provided to the Mediator and
the time spent in conducting the intake
sessions.
In addition to the contribution to the fee
payable to the Mediator, each party also
pays the fee for their lawyer to attend
the Conference with them.
Prospect of
reaching
settlement
The Registrars who conduct Conciliation
Conferences make a genuine effort to
assist the parties to reach a settlement
at the Conference. However, as
described above, there are very real
constraints arising from the limited time
allocated to each Conference.
Consequently, the prospect of reaching
a settlement at a Conciliation
Conference may be somewhat
restricted.
As described above, a Mediation Style
Conference is arranged and conducted
on a private basis. The parties can agree
to allocate any amount of time that
might be necessary to maximise the
prospect of being able to reach a
settlement.
Typically, with a full day available, there
are significant prospects of being able to
agree the terms for a settlement.
Single Expert
If there is an issue in the case that requires Expert opinion, then the ordinary position is that the Court
requires that the Expert opinion be given by a Single Expert (rather than multiple, competing Experts).
Examples of issues that might require Expert opinion include where there is a dispute about the value
of a particular asset. A valuer can then be appointed as a Single Expert in relation to that issue.
The ordinary process to be followed in relation to a Single Expert is as follows:
• One party makes enquiries with potential candidates and then puts forward a list of nominees
(together with details such as the qualifications and experience of the various nominees, the
estimated costs and so forth).
• The other party to the case then selects from amongst the nominees.

• Joint written instructions are then prepared and sent to the candidate who has been selected.
• The appointed Expert then goes about their work and produces a written Report.
• Following the publication of the Report, either party can ask a certain number of written
questions.
The usual position is that each party is required to pay half of the fees charged by the Single Expert.
Interim Application
When proceedings are commenced in the Family Court, the starting position is that all issues in the
case should be left to be decided when the case reaches the stage of a Trial being held.
However, the Court recognises the reality that the time between when an Application is filed and
when it reaches Trial, may be a particularly lengthy period. The Court recognises that there may, in
some circumstances, be certain limited issues which are of sufficient urgency to warrant being dealt
with (at least on an interim basis) at an earlier stage.
Either party to the case may ask the Court to deal with a particular issue on an interim basis. If the
Court agrees to do so, then the arrangements put in place are intended to be “temporary” in the sense
that they are only intended to last until the case can reach a Trial (when a determination of the same
issues on a more final basis can occur).
An example of an issue that might fall within the category of being eligible being able to be dealt with
on an interim basis, is interim spousal maintenance.
An interim Application will not be necessary in all cases.
Upon the filing of an interim Application, the Court charges the Applicant a fee. The fees charged by
the Court change from time to time. Details of the current fees are available on the Court’s website
at: www.familycourt.wa.gov.au.
Where an interim Application is filed, the usual steps involved include:
• The party seeking interim Orders files an interim Application;
• The other party files a Response;
• The Court then holds at least one Hearing in relation to the interim Application. On some
occasions, the interim Application can be dealt with at the first interim Hearing. However, in many
instances, it will be necessary to return to a second Hearing (on another day when the Court has
sufficient time available to deal with the interim Application);
• after the Hearing has concluded, the Judicial Officer may deliver their Decision on the same day
or may instead, reserve their Decision to be delivered at some later time.
The total time elapsed between the filing of the interim Application and the delivery of a Reserved
Decision may be many months. Factors that may influence that timing, include:
• The scope and complexity of the issues raised by the interim Application;
• The availability of Court listings.
Subpoena
Each party to a case has an obligation to give full and frank disclosure to the other party. This includes
providing documents by way of disclosure. However, there may be information contained in
documents held by other persons or other organisations (external to the case) that is relevant to issues
that arise in the case.

In those circumstances, the Court can make an Order requiring the external party to produce to the
Court, copies of those relevant documents. This type of Order seeking documents from an external
party is known as a “Subpoena”.
For example, a bank that the parties have dealt with may hold documents relevant to issues that arise
between the parties. If that is the case, then a Subpoena can be issued to the bank seeking the
production of those documents.
The Court charges a fee to issue the Subpoena. The fee is payable by the party who has requested
that the Subpoena be issued. The fees charged by the Court change from time to time. Details of the
current fees are available on the Court’s website at: www.familycourt.wa.gov.au.
The external party who receives the Subpoena then produces the documents that they hold to the
Court. Once the documents have been received by the Court, the Court then makes the documents
available to the parties to the case.
Notice to Admit
As the case progresses, the issues in the case tend to become better defined. The starting point is
that witnesses then need to be called to give evidence about those issues.
An alternative to calling a witness is to use a process known as a “notice to admit”. This involves one
party serving on the other party a Notice. The Notice asks the other party to admit a particular fact
or the authenticity of a particular document. The party who the Notice is served on then has a choice:
• They can do nothing – in which case they will be deemed to have admitted the fact or document
put to them via the Notice; or
• They can dispute the fact or document.
If the fact or document is admitted, then witnesses do not need to be called to give evidence in relation
to that issue.
On the other hand, if the fact or document is disputed, then witnesses will need to be called to give
evidence about the disputed fact or document.
Disputing a fact or document involves a degree of risk in the sense that if the fact or document is
disputed and then subsequently witnesses are called to give evidence on the issue and the fact or
document is found to be true, then a Costs Order can be made against the party who disputed the fact
or document.
Request to Answer Specific Questions
The ordinary process for each party to give their evidence involves a series of steps:
• Each party (and each other witness) gives their main evidence (referred to as their “evidence in
chief”) in written form before the Trial is held. This written form of evidence is referred to as an
“Affidavit”. The Judicial Officer conducting the Trial (and the other parties to the case) get an
opportunity to read the Affidavit before the Trial is held.
• At the Trial itself, each party can put questions to the other party (and each of the witnesses called
by the other party). This is referred to as “cross-examination”.
An additional process that is available is a process known as a request to answer specific questions
(sometimes also described as “interrogatories”). This involves one party putting to the other party a
set of written questions. The other party is then required to provide written answers to those
questions and to do so on oath.
Only one set of questions can be put and there is a limit on the number of questions that can be
included in the set.

Parenting case
The diagram below provides an overview of the major steps in a parenting case in the Family Court
of WA. There is more detailed information about each of the steps on the following pages.
Additional steps (which are not shown in the diagram below) are taken in some cases.
Family Dispute
Resolution
Application
Response
Case Assessment
Hearing
Trial documents
Readiness Hearing
Callover
Status Hearing
Trial
Delivery of
Reserved Decision

Standard steps taken in most cases
Family Dispute Resolution
In most circumstances, before a case is started in the Family Court of WA in relation to parenting
arrangements, there is a requirement to participate in a process known as “Family Dispute Resolution”
(“FDR”).
The participants in the FDR process are:
• Each of the parents; and
• An FDR provider.
The role of the FDR provider is to act as a Chairperson for the negotiations. The parties themselves
remain the decision makers.
There are public and private FDR providers:
• The publicly funded FDR providers may have a lower cost, but may have constraints in terms of
longer waiting times and less time available on the day the FDR is held;
• Private FDR providers may have shorter waiting times and may be able to spend longer amounts
of time, but may have higher costs.
Details of available FDR providers can be accessed at www.fdrr.ag.gov.au.
The usual process in relation to FDR is as follows:
• One parent selects and make contacts with an FDR provider;
• That parent then has an intake session with the FDR provider.
• The FDR provider then contacts the other parent and invites them to participate in the process.
• The FDR provider then conducts an intake session with that other parent.
• The FDR provider then arranges a joint session.
Further information about FDR is available at www.familyrelationships.gov.au.
If agreement can be reached through FDR, then documents can be prepared to record the agreement.
For example, it may be appropriate to consider making an Application for Consent Orders.
On the other hand, if no agreement can be reached, then the FDR provider will issue a Certificate.
Application
If a case is to be started in the Family Court of WA, then the primary document is an Application. The
Application sets out details of the parties involved in the case, together with the Orders that the
Applicant is seeking for the Court to make.
In a parenting case, the Application will be accompanied by:
• The Certificate issued by the Family Dispute Resolution provider (see above); and
• A Case Information Affidavit.
The Case Information Affidavit sets out details relating to:
• The history of the parenting arrangements up to the filing of the Application; and
• Information relevant to the making of Orders about what the future parenting arrangements
should be.

Upon the filing of the Application, the Court charges the Applicant a fee. The fees charged by the
Court are varied from time to time. Details of the current fees are available on the Court’s website at:
After the Application and associated documents have been filed with the Court, they must then be
served on the other party to the case (the Respondent).
If the Respondent has a lawyer acting for them, then their lawyer may accept service of the documents
on behalf of the Respondent. Otherwise, in most circumstances, a process server will be engaged to
effect service on the Respondent personally.
Response
The Respondent must file with the Court and then serve on the Applicant, a similar set of documents,
namely:
• A Response;
• A Case Information Affidavit.
The Respondent’s documents are due by the date 7 days before the Directions Hearing.
Upon the filing of the Response, the Court charges the Respondent a fee. The fees charged by the
Court are varied from time to time. Details of the current fees are available on the Court’s website at:
Child-related proceedings Hearing
Following the filing of an Application, the first Court event will be a child-related proceedings Hearing.
The Hearing will be conducted by a Magistrate. On some occasions, the Magistrate will be assisted by
an Officer of the Court known as a Family Consultant.
The date for the Hearing will be allocated at the time the Application is filed. Typically, the Hearing
will be about 2 months after the date of the filing of the Application. The precise date for the Hearing
will depend factors including the availability of Court listings.
Matters to be considered by the Magistrate at the Hearing include:
• Whether there has been sufficient compliance with the requirement to participate in Family
Dispute Resolution;
• Whether the Respondent’s documents have been filed and served;
• Programming the case to move forward to the next ordinary step in the process.
If there is a Family Consultant participating in the Hearing, then the tasks undertaken by the Family
Consultant may include (depending upon the circumstances of the particular case):
• Making enquiries with the State agency known as the Department for Communities to ascertain
whether the Department holds any information relevant to the family.
Case Assessment Conference
At the child-related proceedings Hearing, one of the directions that the Magistrate might make, is for
the parties to participate in a Conference with a Family Consultant.
This occurs in some, but not all, cases.
If a Conference does occur, then following the Conference the Consultant will provide a written Report
back to the Magistrate.

It is therefore important to understand that nothing that is said to the Consultant during the
Conference is “off the record”.
At the Conference, the Consultant can:
• Obtain further information from the parties, including for the purpose of identifying and assessing
any risk factors that might exist; and
• If appropriate, assist the parties to negotiate and reach agreement in relation to suitable future
parenting arrangements.
Trial documents
Once the Court is satisfied any matters requiring attention on an interim basis have been satisfactorily
dealt with, the Court will make Directions that set out timetable for a series of steps to be taken to
prepare the case to be ready to proceed to Trial.
Those documents will include (for each party):
• A detailed Trial Affidavit;
• Affidavits from any other witnesses required in relation to issues in the case.
The due date for those documents will be shortly before the date of the Readiness Hearing.
Readiness Hearing
The Readiness Hearing is conducted by a Registrar.
As the name suggests, the purpose of the Hearing is to assess the readiness of the case to move
forward towards Trial.
The factors to be considered in assessing readiness include:
• Whether each of the parties have filed their Trial documents;
• Whether any Single Experts who have been appointed have published their Reports.
If the Registrar is satisfied that the matter is ready, then the Registrar will make directions to program
the case forward to the next step in the Court process, known as a Callover.
On the other hand, if the Registrar is not satisfied as to readiness, then the Registrar may make
directions requiring the parties to attend a second Readiness Hearing (with the intention that the
outstanding matters will be attended to in the intervening period).
There are currently lengthy delays in the Family Court. The time between when the Conciliation
Conference is held and when the Readiness Hearing is held may be a year or more.
Callover
The purpose of the Callover is to allocate a specific date for the Trial to commence.
The Callover is conducted by a Judge.
The factors that the Judge has regard to at the Callover (when allocating a date for Trial) include:
• The Trial dates that the Court has available;
• The availability of the Counsel appearing on behalf of the parties; and
• The availability of any witnesses required to attend Trial for cross-examination.
The Callover is usually held about 2 to 3 months after the Readiness Hearing.

Status Hearing
A Status Hearing is conducted by the Judge or Magistrate who will be hearing the Trial.
The Status Hearing is typically held about 1 or 2 weeks before the Trial is scheduled to commence.
The Status Hearing is an opportunity to deal with matters of an administrative nature and is intended
to ensure the readiness of the matter to commence on the scheduled start date.
Trial
Trials are typically allocated listings that are between about 3 and 6 months from the Callover.
The Court charges daily fees for providing the Trial. Usually, Orders are made requiring each party to
pay half of the fees. The fees charged by the Court are varied from time to time. Details of the current
fees are available on the Courts website at: www.familycourt.wa.gov.au.
At the conclusion of the Trial, the Judicial Officer may deliver their Decision immediately (sometimes
referred to as giving an “Ex Tempore Decision”).
Alternatively (and more commonly), the Judicial Officer may wish to take some time to consider
matters before delivering their Decision. This is referred to as “Reserved Decision”.
Delivery of Reserved Decision
After the Trial has concluded, and after the Judicial Officer has had time to consider matters, a
Reserved Decision will be delivered.
The Decision will be comprised of the Orders the Judicial Officer is proposing to make, together with
the reasons for the Decision.
Additional steps in some cases
Interim Application
When proceedings are commenced in the Family Court, the starting position is that all issues in the
case should be left to be decided when the case reaches the stage of a Trial being held.
However, the Court recognises the reality that the time between when an Application is filed and
when it reaches Trial, may be a particularly lengthy period. The Court recognises that there may, in
some circumstances, be certain limited issues which are of sufficient urgency to warrant being dealt
with (at least on an interim basis) at an earlier stage.
Either party to the case may ask the Court to deal with a particular issue on an interim basis. If the
Court agrees to do so, then the arrangements put in place are intended to be “temporary” in the sense
that they are only intended to last until the case can reach a Trial (when a determination of the same
issues on a more final basis can occur).
An example of an issue that might fall within the category of being eligible being able to be dealt with
on an interim basis, is the arrangements in relation to parenting.
An interim Application will not be necessary in all cases.
Subpoena
Each party to a case has an obligation to give full and frank disclosure to the other party. This includes
providing documents by way of disclosure. However, there may be information contained in
documents held by other persons or other organisations (external to the case) that is relevant to issues
that arise in the case.

In those circumstances, the Court can make an Order requiring the external party to produce to the
Court, copies of those relevant documents. This type of Order seeking documents from an external
party is known as a “Subpoena”.
For example, the school that the child attends may hold documents that contain information relevant
to issues that arise in the case. In that instance, a Subpoena can be issued to the school, seeking the
production of those documents.
The Court charges a fee to issue the Subpoena. The fee is payable by the party who has requested
that the Subpoena be issued. The fees charged by the Court are varied from time to time. Details of
the current fees are available on the Court’s website at: www.familycourt.wa.gov.au.
The external party who receives the Subpoena then produces the documents that they hold to the
Court. Once the documents have been received by the Court, the Court then makes the documents
available to the parties to the case.
Information or documents from a State agency
Section 69ZW of the Family Law Act 1975 (Cth) provides:
“The [family] court may make an order … requiring a prescribed State … agency to provide the
court with … documents or information”.
In Western Australia, the “prescribed State agencies” are:2
• The WA Department for Communities; and
• The WA Police Force.
The Court can use this process to obtain information about the family that will assist the Court in
making decisions about the future parenting arrangements.
Notice of Child Abuse or Family Violence
The Family Law Act 1975 (Cth) provides that if a person alleges that a child has been abused or that
there has been family violence, then the person must file a notice in the prescribed form.3
In the Family Court of WA, the “prescribed notice” is a Form 4 Notice of Child Abuse or Family Violence.
If a Form 4 Notice is filed, then the Court will give a copy to the WA Department for Communities.
The Department will then provide the Court with a written Report addressing matters including:
• The history of any interaction the Department has had with the family; and
• An assessment of the risk based upon information contained in the Notice and any other
information available to the Department from other sources.
Family Report
The Judicial Officer conducting a parenting case can request a Family Report.
A Family Report is prepared by an Officer of the Court known as a Family Consultant.
The Consultant prepares the Report based on interviewing:
• The parents;
• The children; and
• In some circumstances, other significant family members.
2
Family Law Regulations 1984 (Cth) Regulation 12CD and Schedule 9
3
Sections 67Z and 67ZBA

Single Expert
If there is an issue in the case that requires Expert opinion, then the ordinary position is that the Court
requires that the Expert opinion be given by a Single Expert (rather than multiple, competing Experts).
For example, it might be of assistance to the Court to appoint a psychologist to interview members of
the family and prepare a Report. The psychologist can be appointed as a Single Expert for that
purpose.
The ordinary process to be followed in relation to a Single Expert is as follows:
• One party makes enquiries with potential candidates and then puts forward a list of nominees
(together with details such as the qualifications and experience of the various nominees, the
estimated costs and so forth).
• The other party to the case then selects from amongst the nominees.
• Joint written instructions are then prepared and sent to the candidate who has been selected.
• The appointed Expert then goes about their work and produces a written Report.
• Following the publication of the Report, either party can ask a certain number of written
questions.
The usual position is that each party is required to pay half of the fees charged by the Single Expert.
Independent Children’s Lawyer
Section 68L of the Family Law Act 1975 (Cth) provides that:
“The [family] court may order that the child’s interests in the proceedings are to be
independently represented by a lawyer”.
The Independent Children’s Lawyer must:
• Form an independent view, based on the evidence available, of what is in the best interests of the
child; and
• Act in what the Independent Children’s Lawyer believes to be the best interests of the child.
Either of the parties can request that an ICL be appointed or the Court can appoint an ICL of its own
motion.
If the Court makes an Order for an ICL to be appointed, then the Court notifies Legal Aid WA. Legal
Aid then appoints an ICL to the particular case from a panel of available ICL’s.
In the first instance, Legal Aid may provide funding for the ICL. However, at a later stage, Legal Aid
can seek to recover some or all of those costs from the parties.
Further information about ICL’s is available at www.icl.gov.au.

Further information
This guide is intended to provide general information about the usual steps in a case before the Family
Court of Western Australia.
If you would like further information, please contact:
William Sloan
Director
Kim Wilson & Co
Telephone: (08) 6380 3900
Email: william.sloan@kimwilson.com.au

Disclaimer
The material in this document is for general information purposes only and should not be construed
as legal advice, legal opinion or any other advice on any specific facts or circumstances. Readers should
not act or refrain from acting upon this information without seeking professional advice. Transmission
of information in this document is not intended to create, and receipt does not constitute, a lawyer-
client relationship between the sender and receiver.
The information in this document is subject to change without notice. Although we try to keep our
material current and accurate, you should not rely on this information or its applicability to any specific
circumstances without first seeking professional advice. The information in this document should in
no way be taken as an indication of future developments or results. We make no warranties,
representations, or claims of any kind concerning the information available in this document. We
expressly disclaim all liability to any person in respect of the consequences of anything done or
omitted to be done wholly or partly in reliance upon the use or contents of this document.
N:William SloanMarketingFamily Court case.docx 03/03/2021 2:12 PM

Usual steps in a Family Court of WA case

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