First Return Hearing

The first return hearing is the initial court appearance after an application and response have been filed in family court proceedings. This hearing sets the foundation for case management, identifies issues in dispute, and establishes the pathway for resolution. Understanding what happens and how to prepare is crucial for a successful outcome.

Purpose of First Return Hearing

The first return hearing serves several important functions:

• Confirm all parties have been properly served with court documents
• Identify which issues are agreed and which remain in dispute
• Explore opportunities for early resolution or settlement
• Make any urgent interim orders if required
• Give directions for the future conduct of the case
• Schedule further hearings or conferences
• Address procedural compliance and document filing

What Happens at First Return Hearing

During the first return hearing, the court will typically:

• Check Appearances: Confirm all parties are present or represented
• Review Documents: Ensure all required documents have been filed
• Identify Issues: Clarify what matters are in dispute
• Discuss Settlement: Explore early resolution opportunities
• Make Interim Orders: Address urgent matters requiring immediate attention
• Give Directions: Set timetables for future steps in the proceedings
• Schedule Hearings: List future court dates and conferences

Preparation for First Return Hearing

Essential preparation includes:

• Document Review: Thoroughly review all filed documents and pleadings
• Issue Identification: Clearly understand what matters are disputed
• Settlement Position: Consider your position on early resolution
• Interim Needs: Identify any urgent orders required
• Evidence Preparation: Organize evidence supporting interim applications
• Legal Strategy: Develop strategy with your lawyer
• Court Etiquette: Understand proper court behavior and dress

"The first return hearing is your first impression with the court. Being well-prepared and professionally represented sets a positive tone for your case."

Common Orders Made at First Return Hearing

The court may make various orders including:

• Interim Parenting Orders: Temporary arrangements for children
• Interim Maintenance Orders: Temporary financial support
• Asset Preservation Orders: Preventing disposal of property
• Discovery Orders: Requirements for document disclosure
• Expert Evidence Orders: Appointment of valuers or assessors
• Mediation Orders: Requiring parties to attempt mediation
• Directions Orders: Timetables and procedural requirements

Case Management Directions

The court will typically give directions about:

• Further Affidavits: Deadlines for additional evidence
• Financial Disclosure: Completion of financial statements
• Expert Reports: Obtaining valuations and assessments
• Discovery: Exchange of relevant documents
• Conference Dates: Scheduling of case conferences
• Hearing Estimates: Time estimates for final hearing
• Compliance Dates: Deadlines for meeting requirements

Settlement Discussions

The court will often explore settlement opportunities:

• Early Resolution: Immediate settlement possibilities
• Mediation Orders: Requiring attendance at mediation
• Conference Scheduling: Setting dates for settlement conferences
• Consent Orders: Approving agreed orders
• Part Settlement: Resolving some issues by agreement
• ADR Options: Alternative dispute resolution methods

Interim Applications

If interim orders are sought, you may need to address:

• Urgency: Why interim orders are necessary now
• Children's Best Interests: How orders serve children's welfare
• Preservation: Protecting assets or relationships pending final orders
• Status Quo: Maintaining current arrangements temporarily
• Risk Factors: Any safety or financial risks requiring protection
• Undertakings: Promises to the court about future conduct

What to Expect in Court

During the hearing:

• Formal Process: Court follows formal procedures and protocols
• Limited Time: Usually 15-30 minutes unless urgent orders sought
• Brief Submissions: Lawyers make short oral submissions to court
• Judicial Questions: Judge may ask questions about the case
• Orders Made: Court makes orders and gives directions
• Next Steps: Future dates and requirements are set

If You Don't Attend

Non-attendance can result in:

• Orders being made in your absence
• Default judgment against you
• Costs orders requiring you to pay other party's legal costs
• Dismissal of your application or cross-application
• Adjournment with costs against you
• Warrant for your arrest in extreme cases

After the First Return Hearing

Following the hearing, you typically need to:

• Comply with Orders: Meet all deadlines and requirements
• File Documents: Submit any ordered affidavits or statements
• Attend Conferences: Participate in ordered mediation or conferences
• Prepare Evidence: Gather evidence for future hearings
• Consider Settlement: Explore resolution opportunities
• Update Lawyers: Keep legal team informed of developments

Common Mistakes to Avoid

Frequent errors at first return hearings include:

• Failing to attend or sending proper representation
• Not filing required documents before the hearing
• Being unprepared to discuss case management
• Making unrealistic settlement proposals
• Inappropriate behavior or dress in court
• Not understanding the orders made
• Failing to comply with directions given

Our First Return Hearing Services

At Jarrah Legal, we provide comprehensive assistance for first return hearings including:

• Thorough preparation and case strategy development
• Expert representation at the first return hearing
• Preparation of interim applications if required
• Settlement negotiation and strategy advice
• Compliance with all court directions and deadlines
• Ongoing case management and representation
• Clear explanation of court orders and next steps

Contact Jarrah Legal for expert representation at your first return hearing. Our experienced family lawyers will ensure you're properly prepared and your interests are effectively represented from the very first court appearance.