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Camberwell
VINCENT BROUSSARDFAMILY LAWYERS

Court proceedings and urgent applications

Some matters cannot be negotiated. A child has been taken and not returned, money is being moved, or someone is not safe. Those go to court, and how quickly and how well the application is put together matters a great deal.

We run matters in the Federal Circuit and Family Court of Australia, from an urgent application filed in a day through to a final hearing. We also spend a lot of that time still looking for a resolution, because most proceedings end in agreement rather than judgment.

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What we help with

Situations we act in

We are commonly asked to help with:

  • Recovery orders where a child has been taken or is not being returned
  • Family Law Watchlist orders where there is a risk a child will be taken overseas
  • Urgent applications about a child’s safety
  • Injunctions to stop property being sold, transferred or run down
  • Urgent spousal maintenance where someone has been left without income
  • Interim parenting or financial orders to hold a position while a matter runs
  • Responding to an application that has been served on you, including on short notice
  • Contravention applications where existing orders are not being followed

How we approach it

How Ben and Troy run court and urgent matters

Urgent work rewards being organised and punishes delay. That shapes how we run it.

We tell you honestly whether it is urgent in the legal sense
Distressing and urgent are not the same test, and a court treats them differently. Filing something as urgent when it is not damages your credibility in the matter. Where it genuinely is urgent, we say so and move.
The affidavit is the case
Urgent applications are decided on the documents, often before anyone gives evidence in person. A clear, specific, dated account of what happened does more work than any argument made later.
We prepare every matter as though it will be heard
That is usually the reason it is not. A matter that is properly prepared settles on better terms than one where the other side can see you are not ready to run it.
Court is a means, not the objective
Most proceedings resolve before a final hearing, and the court expects parties to keep trying. Filing an application is often what makes a negotiation serious rather than what replaces it.

Typical process

What usually happens, step by step

Every matter differs, but the shape is usually this.

  1. 01

    The first conversation

    What has happened, what needs to stop or start, and whether that requires a court order at all. If it is urgent, this conversation happens by phone rather than email.

  2. 02

    Filing

    The application, the affidavit and any supporting material. In a genuinely urgent matter the court can hear an application without the other party present, and the threshold for that is high.

  3. 03

    Interim orders

    Orders that hold a position while the matter is worked out: where a child lives for now, that property is not to be dealt with, that maintenance is paid. Interim is not final, and the arrangement can change.

  4. 04

    Running the matter to resolution

    Directions, disclosure, valuations, reports, and settlement discussions along the way. Most matters resolve by agreement. Where yours does not, it goes to a final hearing and we run it.

Questions

Common questions

What counts as urgent in family law?

Broadly, a situation where waiting for the normal process would cause harm that cannot be undone. The common ones are a child being taken or kept, a real risk a child will be removed from Australia, a risk to someone’s safety, assets being disposed of, and a person left with no means of support. Being upset and being urgent are different things, and courts draw that line clearly.

My child has not been returned. What do I do?

Call a lawyer the same day, and the police if you believe your child is in danger. A recovery order is an order that a child be returned, and it is made under section 67Q of the Family Law Act. If there is any chance of a flight, the Family Law Watchlist is the mechanism that alerts the Australian Federal Police at the border. Delay makes both harder to run.

Can the court stop my ex selling the house or emptying an account?

Yes. The court can restrain a person from dealing with property, under section 114 of the Family Law Act. It works far better before the money has gone than after, because recovering funds that have already been spent or transferred offshore is a different and much harder exercise.

Can an application be heard without the other person knowing?

In genuinely urgent cases the court can hear an application without notice to the other party, which is called an ex parte application. The threshold is high and any orders made that way are usually short-term, with the matter brought back before the court quickly once the other party has been told.

How long will my matter take?

Nobody can honestly tell you at the first meeting, and anyone who gives you a date is guessing. It depends on the issues, the court’s list, whether valuations or family reports are needed, and how the other side runs it. What we can tell you early is what needs to happen next and what it depends on.

Which court hears family law matters?

The Federal Circuit and Family Court of Australia, which has heard these matters since the two former courts merged in 2021. Family violence intervention orders are a separate state process heard in the Magistrates’ Court in Victoria, and the two often run alongside each other.

The other parent is ignoring our orders. What can I do?

There is a contravention process for orders that are not being followed, and the court can respond in a range of ways. In practice the court’s first question is often whether the arrangement itself still works, so it is worth getting advice on whether to bring a contravention application or an application to change the orders.

Do I have to go to court if I have been served with an application?

Yes, and get advice quickly. Not responding does not stop a matter: orders can be made in your absence. If you have been served with something on short notice, call rather than waiting to see what happens.

Who acts for you

Ben Vincent, Accredited Specialist in Family Law

Ben Vincent

Family lawyer and co-founder

Accredited Specialist in Family Law

Ben@vincentbroussard.com.auFull profile
Troy Broussard, family lawyer and co-founder

Troy Broussard

Family lawyer and co-founder

Troy@vincentbroussard.com.auFull profile

Related

Reviewed by Ben Vincent on .

This page is general information about family law in Victoria. It is not legal advice and it does not take your circumstances into account. Speak with a family lawyer before acting on it.

Speak with a family lawyer about court and urgent matters.

Request a callbackCall 0430 888 341
Ben@vincentbroussard.com.auTroy@vincentbroussard.com.au
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