If an application concerning children was filed in the Family Court on or before 30 June 2006, then the parties must agree to opt into the CCP. Otherwise, the matter is determined through a traditional contested trial.

If the original application was filed on or after 1 July 2006, the application must be determined via the CCP.

The CCP applies only to children's applications. Other applications are dealt with in their traditional way.

The process

In court, the parties sit at the bar table beside their legal representative. The proceedings are described as less adversarial. There is less procedure. The parties do not stand when they are talking to the Judge. The Judge talks to the parties and to their legal representatives.

Filing

No party can file or serve any document without the Judge saying that this should happen.

The Judge is the one who says what material is to be addressed in Affidavits.

The court process

The hearing starts the first time the parties go to court. The Judge may give his or her decision (judgement) in parts rather than at the end of the trial.

Issues

The issues in dispute between the parties are defined early in the proceedings and as the issues change, they are identified.

Determination of facts

The Judge may hear and determine the case whether or not that Judge makes findings in relation to issues.

Evidence

The Judge sets limits on what evidence may be called and what material can be subpoenaed.

How evidence is given

On the first day of trial, ie the first day the matter goes to court, all of the parties and the mediator (court consultant) are given an oath or affirmation, just as they would if they were at an ordinary trial and about to give evidence.

After the parties/mediator are sworn, then anything which is said by the parties to the Judge is evidence.

The rules of evidence

Many of the rules of evidence may be waived.

Admissibility of evidence

All evidence is admitted conditionally. A Judge has discretion in relation to the relevance of evidence and its weight. Evidence which is improperly or illegally obtained can be excluded.

Communication with the Judge

The Judge may address the parties directly or through their solicitors. The Judge may have private discussions with a party. Those discussions are recorded. A transcript of the proceedings is made available to the other party.

Same Judge throughout

The same Judge hears the case throughout.

Mediation

The Judge may use mediation techniques during the hearing.

Mediation conducted during the course of the program is not confidential. That means what is said during mediation is admissible.

Children's role

The Judge may see children and interview them privately (in chambers). The Judge may make directions on who can be present while the Judge speaks to the children. Usually the person who is present is a court mediator and/or the Independent Children's Lawyer.

Independent Children's Lawyer

The Independent Children's Lawyer may talk on a without prejudice basis with the family report writer.

Appeal rights

Once the parties have entered into the program, by consent, they stay there.

The time for lodging an appeal against any Order made during the proceedings commences at the conclusion of the hearing and the making of the last Order.

Family Court only

The CCP does not apply to the Federal Magistrates Court of Australia.

Which court?

Before you file proceedings, we will discuss with you whether your matter should be heard in the Federal Magistrates Court or in the Family Court of Australia.