Family Law Litigation

Litigation typically occurs when parties cannot reach agreement through negotiation or mediation, or when urgent orders are needed such as for family violence protection or preventing asset dissipation.

Generally yes for parenting matters - you need a certificate showing you attempted family dispute resolution. Exceptions apply for family violence or urgency. Property matters don't require mandatory mediation.

Before filing, you must comply with pre-action procedures including sending a Preaction Letter, attempting mediation, and notifying the other party of your intention to litigate. After filing, the process includes case management conferences, exchanging financial disclosure, attending conciliation conferences, and preparing for trial if settlement isn't reached.

Simple matters might be resolved in 6-12 months. Complex cases can take 2-3 years or longer. We work to resolve matters as efficiently as possible while protecting your interests.

Yes, absolutely. Most cases settle before trial. Settlement can occur at any stage through negotiation, mediation, or at conciliation conferences.

Costs include legal fees, court filing fees, expert report fees, and potentially barrister fees for hearings. Litigation is generally more expensive than negotiated settlement.

Yes, you can apply for interim orders including sole occupancy of the family home if there are safety concerns or the living situation is untenable.

The court takes non-disclosure seriously. We can apply for orders compelling disclosure. The court may draw adverse inferences against a non-disclosing party.

They can be, but they are often dealt with separately. The approach depends on the specific circumstances and what is most efficient for your case.

Yes, you can apply for interim parenting orders while the main proceedings are ongoing. These temporary orders remain in place until final orders are made.

No, Australian family law does not favour either parent based on gender. The court's focus is entirely on the best interests of the child.

Yes, the court considers all assets regardless of whose name they're in. Contributions and future needs are assessed, not just legal ownership.

Litigation can be adversarial and may strain relationships. However, sometimes it's necessary to protect your rights. We aim to minimise conflict where possible.