How to Effectively Prepare for an Interim Hearing

Interim hearings are crucial in family law proceedings. They are intended to address urgent issues that cannot wait until the final hearing. Understanding the purpose, process, and requirements of these hearings can help you navigate the legal system more effectively.

What is an Interim Hearing?

Interim hearings are a court event held to address urgent matters that arise before the final hearing. These hearings typically occur after the First Court Event unless there are exceptional or urgent circumstances that necessitate an earlier hearing.

Dispute Resolution

While interim hearings are usually scheduled before dispute resolution, the court may defer them until after dispute resolution if it is deemed unnecessary to address the issues beforehand.

Family Dispute Resolution

Before making an application for property or parenting orders, parties must attempt Family Dispute Resolution with a mediator. This step is crucial for resolving disputes amicably and avoiding court intervention where possible.

Preparing for an Interim Hearing

Navigating interim hearings in family law proceedings can be complex and challenging. To ensure the best possible outcome, it’s crucial to be well-prepared and informed. Take proactive steps to understand the process, gather necessary evidence, and meet all court deadlines.

Essential Documents

To ensure a smooth interim hearing essential evidence and documents must be prepared ahead of time. These include:

• Expert reports
• Subpoenaed documents
• Responses from child protection agencies should be available before the hearing wherever possible
• Parties must file and serve a minute of proposed orders and a Case Outline document at least 7 business days before the hearing

Documents for Parenting and Financial Matters

Additional documentation may need to be prepared and filed in readiness for the hearing.

For parenting matters, you will ordinarily need:

• An Affidavit, which does not exceed 10 pages in length with no more than 5 Annexures
• Notice of Risk
• 60i Certificate (if applicable)

For financial matters, you will need:

• An Affidavit, which does not exceed 10 pages in length with no more than 5 Annexures
• Financial Statement

Legal Representation

While not mandatory, having a lawyer is highly recommended due to the complexity of the process and the potential long-term impact of interim orders.

Interlocutory Applications

Both parties must ensure that all interlocutory applications are ready to proceed on the hearing date. Adjournments on the day of the hearing are not guaranteed, and multiple interim hearing dates are not typically provided. Inform the court if formal reasons for procedural or interlocutory decisions are not required.

When an Application is Urgent

Urgent applications are evaluated by a Registrar and listed at the earliest available time, considering the urgency and procedural fairness. This ensures that pressing matters are addressed promptly.

What Happens in an Interim Hearing?

Interim hearings typically address issues such as:

• Children’s living arrangements
• Property occupation
• Interim financial support

These hearings are ordinarily limited to 2 hours in court and are based primarily on affidavit evidence.

Although interim orders are temporary, they can influence final decisions, especially if they remain in place for an extended period.

The court emphasises efficiency, thorough preparation, and strategic case management to ensure fairness and minimise delays. This approach balances immediate needs with the long-term interests of all parties, particularly children, while encouraging dispute resolution where safe and appropriate.

Going Forward

Remember that interim orders can have significant impacts on your situation until final orders are made, so approach these hearings with the seriousness they deserve. Consider seeking legal advice to guide you through the intricacies of interim hearings and help present your case effectively.

By being thorough in your preparation and clear in your objectives, you can increase your chances of achieving a favourable outcome that addresses your urgent needs while awaiting the final hearing.

Need Help Navigating an Interim Hearing?

At Greenhalgh Pickard, our team of Family Lawyers can guide you through Interim Hearing Process. Book a consultation to discuss your concerns with a professional family lawyer.