Types of hearings

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Overview

At a hearing, the judge will consider the evidence (for example, affidavits or witnesses) before they make a final decision about your case.

Types of hearings

Formal proof hearing – this takes place when the other people involved haven’t responded to an application. The judge may make a court order based on your application. Before making an order, they’ll decide whether the order you’re asking for is in the best interests of any children.

Submissions-only hearing - the judge will make their decision based on the evidence already presented to the court and submissions made by the parties and their lawyers.

Defended hearing - you and the other people involved will give evidence. If a judge has appointed a specialist report writer for your case, they may also give evidence. The judge will make a final decision at the end of the hearing or shortly after.

Specialist report writers

When it's your turn to speak at a hearing

The judge will let you know when it’s your turn to speak. If you have a lawyer, they’ll usually speak for you in the court room, unless you’re giving evidence as a witness. It’s important you understand what’s going on. You can ask questions in court when it’s your turn to speak.

What happens at a Family Court hearing

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Feeling overwhelmed?

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