Q. Lawyers fees are very high, so is there anything I can do to keep my costs down?

Yes, there is and we will always tell you what you can do yourself. Our firm encourages every client to do as much as possible for themselves on their file to keep costs down.

• You can write out the relevant history of the relationship
• You can fill out your own court forms (we probably will need to prepare the Orders sought and prepare Affidavits). We will check your work and use it whenever possible.
• You can sort out your own documents before you give them to us.
• You can organize bulk photocopying
• We can give you the level of service that you want (this is called unbundling)
• We are happy to do the lot
• We are happy to do most of it
• We are happy to assist you to do most of it

Please remember we sell our time. We charge you for what we do. If you ring us seventeen times in one day then we will charge you for seventeen phone calls.

If you are anxious, then consider whether you should be speaking to your solicitor or not - would it be better if you spoke to a friend or counsellor about your distress? Wouldn't it be better to write down your questions and make one or two calls rather than seventeen?

Write down your questions before you come into the office so that you can make the best use of your time while you are with us.

Q. Can my children give evidence in Court?

If they are under 18, they can only give evidence if they have leave (the Court's permission). That permission is rarely granted. If the children are over 18, and it is essential to the case that their evidence is heard, then they may give evidence by Affidavit. The Court prefers that children, even older children, do not become involved in Court matters concerning their parents.

Q. What can I do to make the other parent see more of the children? The children want to see them, but they don't seem interested.

See if the other parent will come to counselling or mediation to talk about what is best for the children?

Write to the other parent and say the children want to see them, and ask them how that can be arranged. If the cost of transport is an issue, consider contributing to the cost of transport. Q What age do the children have to be before their wishes are listened to?

That depends on the children's maturity rather than their age. The children's wishes will be considered by a court making a decision which affects the children. The children's wishes are expressed generally through a family report. The report writer is generally a social worker or psychologist or mediator (counsellor). The reason that the Court listens to independent evidence via a report writer, rather than what the parents say the children say, is because the court knows that children will tell their parents whatever their parents want to hear. Also, children find it hard to choose between their parents. There is no particular age or cut off point as to when the Court will listen to the wishes of a child. However, the Court will generally not make an order against the wishes of a teenager. But if the Court considers it is in the best interests of a child, it will make the order, even if it is against the child's wishes.

Q. What do I wear to court?

We recommend you wear what you would wear to a formal church wedding - fairly formal and dressed up. For men, if you do not have a suit, then wear dark trousers and a collared, long-sleeved shirt and tie. For women, a skirt and blouse. We recommend you do not show any unnecessary cleavage, your midriff or too much of your thighs.

Q. Why?

It is important that you make the right impression and that you look as if you are serious about your action. You only have one chance to make a first impression. Outlandish hairstyles/torn or dirty clothes/singlets/stubbies/thongs/swimming costumes and sarongs do not have a place at the Court. Yet we see people (not our clients!) wearing these clothes.

Q. How long does the process take?

It is very difficult to predict how long any Family Law dispute will take to be resolved. Every family is different. Every problem is different. Your matter can be affected by the following factors (some of which you/we can control, some of which we cannot control):

• The level of grief, anger or anxiety experienced by one or both of the parties;
• The level of conflict between the parties;
• The willingness of each of the parties to settle;
• The complexity of the issues in dispute;
• The availability of the court and other professionals including experts.

We strive to help you resolve your family law issues as quickly as possible. We will assist you to make sensible and commercial decisions. We cannot force your or the other party to obtain/use the other support networks/assistance available to you and them. Therefore we cannot control the above factors, nor the time it takes to resolve your dispute. We will advise you about appropriate methods that can be used to keep negotiations moving and if necessary we will advise you about your options to make an application to the court to assist you to resolve your dispute.

Q. Can my Will be different to that of my spouse?

Yes. However, if you and your spouse have a contract to make a will, that is a different situation and will require independent personal advice.

Q. Do I have to go to a Court ordered Mediation?

Yes. The mediators are good at helping people solve disputes. You have a good chance of settling and avoiding the legal fees of a trial.

Q. Do I have to attend mediation before I can go to Court?

Property settlement disputes

If you are considering applying to the Family Court for financial orders, you must comply with pre-action procedures.

The aim of the pre-action procedures is to explore areas of resolution and if a dispute cannot be resolved in full, to narrow the issues that require a court decision.

On the Family Law Courts website – www.familylawcourts.gov.au under the heading publications, you will find "Before you file – pre-action procedures for financial cases (prescribed brochure)". This brochure is six pages long but very readable.

In short (except for any exempt applications) all prospective parties to an action must: -

• Participate in dispute resolution services, such as family counselling, negotiation, conciliation or arbitration;
• If the dispute resolution is unsuccessful, write to the other party setting out their claim and exploring options for settlement;
• Comply with the duty of disclosure.

Whilst this brochure does not apply to proceedings commenced in the Federal Magistrates Court (which is where about 80% of applications are heard by the Court) we strongly recommend the parties do follow the pre-action procedures because they are designed to settle a matter early, which is in everyone's interests.

Parenting arrangements

Yes. It is compulsory for parties in dispute about parenting arrangements to attend mediation with a registered family dispute resolution practitioner or mediator prior to filing their application to commence proceedings in court. There are exceptions to this rule; we can advise you further about these exceptions and whether they apply to your circumstances. After you have attended mediation the mediator will issue a Section 60I Certificate confirming that the parties have attended the mediation and have not resolved the issues in dispute. You are required to file this certificate with your Initiating Application for parenting orders. Q What do I call a...

• Judge - "Your Honour"

• A Judicial Registrar - at first "Judicial Registrar" and then "Ma'am" or "Sir"

• A Registrar - "Registrar"

• A Federal Magistrate - "Your Honour"

• A State Magistrate - "Your Honour"

Q. What can I expect during my first consultation with my solicitor?

We consider your first consultation to be very important. You will be given the opportunity to explain to your solicitor the nature of your problems/disputes. Your solicitor will ask questions of you to clarify the problem and usually provide you with advice, based on what you have told them and usually discuss with you what we call "next steps". "Next steps" normally involves establishing what you need to do, and what we need to do in the future, and sometimes the timeframes in which this needs to be done to assist further with your matter.

Q. Can I have a support person present with me during consultations with my solicitor, at Court events or during in person negotiation/mediation conferences?

Consultations

We are happy for you to have a support person with you during your consultations with us; however there are certain consultations where we may ask that person to wait in reception while we speak with you directly at first. Please advise reception upon making your appointment if you intend to have a support person present and if so, please provide their full name for our records. We prefer that you ask the questions, not your support person – after all, you are paying. We cannot under any circumstances take instructions on your behalf from your support person/s or other family members unless you specifically authorise us in writing to take instructions from them. If we feel your support person is hindering your communication or our ability to speak to you then we may ask your support person to leave the room.

Negotiations/Mediations

Whether you can have a support person present for alternative dispute resolution will depend on the negotiation/mediation facilitator and also whether the other party and/or the mediator consents to a support person being present. Normally if you have a support person then the other party will also be entitled to a support person being present. Your support person may not be able to be in the same room and may support you by being available nearby or by telephone.

Court Events

Some court events, eg Children's Court or domestic violence matters take place in a closed Court. Only the parties and their legal representatives may be present. Your support person must wait outside.

For all procedural matters, such as mentions, directions hearings or trials you are entitled to have a support person present in the Court. They will be required to sit in the public gallery and must not interfere in the Court proceedings. If they do, the presiding Magistrate or Judge or a bailiff or Court officer may ask them to leave the Court.

We discourage you from inviting a "cheer squad", ie a group of people, to support you during any Court events. The Court will be watching not only your conduct in Court but also the conduct of your supporters in Court. It can be counter-productive to your matter if there are too many people in the court room.

During your trial, any person that will be called as a witness will not be able to be present in the Court until that person has given their evidence and has been cross-examined.

Please also refrain from bringing your children to court. There are no child minding facilities at Court and it will be necessary for you to make alternative arrangements. Your children cannot come into Court.