Litigation

At Patford-Smith Legal Services, we understand that litigation is often the last resort when resolving legal disputes. However, in certain circumstances, court proceedings may be necessary to achieve outcomes that serve the best interests of children or ensure a just and equitable financial resolution.

Our experienced litigation lawyers are committed to guiding you through the complexities of your situation. We provide strategic advice and practical solutions to help you navigate the legal process effectively.

When Litigation Becomes Necessary

If parties cannot resolve their parenting or property disputes through negotiation or mediation, the only remaining option is to initiate court proceedings. This process allows a judge or registrar to make final orders after assessing the evidence presented by both parties.

Challenges of Litigation

While litigation can lead to legally binding resolutions, it comes with potential drawbacks:

• Uncertainty of Outcome – Judges and registrars have wide discretion, meaning there are no guaranteed results.
• Time-Consuming Process – Court proceedings may take months or even years, prolonging financial and emotional stress.
• Significant Costs – Legal fees, document preparation, and court appearances can lead to considerable expenses.
• Emotional Toll – Ongoing conflict and court proceedings can strain relationships and make co-parenting more challenging.

The Family Court Process

In Australia, family court proceedings follow structured steps, depending on whether the dispute involves parenting arrangements, financial settlements, or both.

Key Steps in a Family Law Trial

1. Filing Court Documents – Includes an Initiating Application, Affidavit, and Financial Statement (for property matters).
2. First Court Date – Occurs within 6 to 12 weeks, where procedural directions are set.
3. Interim Hearing – If necessary, the court reviews Affidavits and hears oral submissions for temporary orders.
4. Conciliation Conference – For financial matters, parties may engage in mediation to reach an agreement.
5. Child Dispute Conference – Parenting disputes are discussed with a Family Consultant to seek a resolution.
6. Expert Reports – A Family Consultant or psychiatrist may conduct assessments for parenting matters.
7. Final Hearing – If no settlement is reached, parties present evidence, leading to a judge’s decision.
8. Judgment – The court delivers a verdict, finalising the case.

Your Legal Advocates

At Patford-Smith Legal Services, our dedicated family lawyers work alongside specialist family law barristers to represent you with skill and determination. Whether negotiating settlements or advocating in court, we aim to secure the best possible outcome for you.