The first return hearing (sometimes called the first return date or first court date) is the initial occasion your matter comes before a judicial officer after an initiating application has been filed. It is a procedural hearing rather than a trial, and its primary purpose is to establish how the matter will progress through the court system.
What Happens at the First Return Hearing?
The first return hearing is typically a brief appearance before a registrar or judge. The court will not usually hear detailed evidence or make final orders at this stage. Instead, the focus is on case management. The judicial officer will generally:
- Confirm that the application has been properly filed and served
- Identify the issues in dispute between the parties
- Make procedural directions, such as timetables for filing further documents
- Consider whether any interim orders are needed
- Refer the parties to mediation, conciliation, or other dispute resolution processes
- List the matter for a further hearing or mention date
In some registries, the first return hearing may be conducted as part of a list or duty list, meaning several matters are dealt with on the same day.
How to Prepare for Your First Return Hearing
Proper preparation is essential, even though the first return hearing is procedural in nature. Before your court date, you should:
- Ensure your documents are in order: Your initiating application (or response), affidavit, and any required certificates should be filed and served before the hearing.
- Understand the issues: Be clear about what orders you are seeking and what the other party's position is.
- Prepare proposed directions: Your lawyer may prepare a draft timetable or proposed directions for the court to consider.
- Dress appropriately: Court is a formal setting. Business attire is expected.
If you and the other party reach agreement before the first return date, you may be able to file consent orders and avoid the need for the hearing altogether. Discuss this possibility with your lawyer.
What Orders Might Be Made?
At the first return hearing, the court may make a range of procedural and interim orders, including:
- Directions for the filing and service of further affidavits or financial documents
- Orders for a family report to be prepared (in parenting matters)
- Referral to a family consultant or dispute resolution practitioner
- Interim parenting or property orders where there is an urgent need
- Orders for disclosure of financial information
Representation at the First Return Hearing
While it is possible to attend the first return hearing without a lawyer, having legal representation ensures your interests are properly protected from the outset. Your lawyer can advocate for directions that support your case strategy and respond to any proposals from the other party.
"The first return hearing sets the roadmap for your entire case. The directions made at this stage can significantly influence the timeline and cost of your proceedings."
If you have a first return hearing approaching, contact Reid+Alexander Lawyers to ensure you are properly prepared and represented.