Types of hearings

Types of hearings

Formal proof hearing – this takes place when the other people involved haven’t responded to an application. The judge may make a court order based on your application. Before making an order, they’ll decide whether the order you’re asking for is in the best interests of any children.

Submissions-only hearing - the judge will make their decision based on the evidence already presented to the court and submissions made by the parties and their lawyers.

Defended hearing - you and the other people involved will give evidence. If a judge has appointed a specialist report writer for your case, they may also give evidence. The judge will make a final decision at the end of the hearing or shortly after.

Specialist report writers

When it's your turn to speak at a hearing

The judge will let you know when it’s your turn to speak. If you have a lawyer, they’ll usually speak for you in the court room, unless you’re giving evidence as a witness. It’s important you understand what’s going on. You can ask questions in court when it’s your turn to speak.

In some cases, you may find it necessary to give your evidence in another way. For example, if you are giving evidence about family violence it can be from behind a screen in the witness box, or by video from outside of the court room. While this doesn't happen often, you can tell the court how you want to give your evidence.

You or your lawyer can do this by completing a written notice, giving it to any other parties and the court as early as possible, but at least 28 days before the hearing.

The other party can still ask that you give your evidence in the ordinary way or in a different way. A judge will talk to everyone involved before they make a decision.

In any other case, you can ask the judge to agree to give your evidence another way if you think this is necessary. You or your lawyer will need to make a written application to the court as early as possible before the day of your hearing.