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For a conciliation conference, you must exchange information with each other and provide information to the Court before the conference. So that you and your former partner make the best possible use of the conference,
In a case about financial issues, each party must have exchanged copies of relevant financial documents with the other parties at least two days before the Case Assessment Conference.
If the following documents were not exchanged prior to that conference, you must ensure they are exchanged before the Conciliation Conference:
This article provides general information about and suggests ways to prepare for, a Conciliation Conference in the Family Court.
Note: Conciliation Conferences attract a fee. For more information visit the fees section www.familycourt.gov.au
A Conciliation Conference is conducted by a registrar (court lawyer).
At the conference, the registrar will look at the case from both sides and help you explore options for settling your case without any further legal action. A registrar cannot give legal advice, however, they can talk with you about the legal principles that are applied when deciding cases.
The settlement negotiations during the conference may be privileged. This means that what is said cannot be used in court later. There are some exceptions to this privilege.
For example, court staff is required by law to report a suspicion or risk of child abuse and violence or threats of violence to the relevant child welfare authority.
The conference will usually last at least one and a half hours but may be listed for a longer time in appropriate cases.
The Court will usually give you instructions about what you must do before the Conciliation Conference at the Case Assessment Conference.
These instructions include that, within 28 days after the conference, each party must, as far as practicable, exchange documents relevant to the financial issues as the registrar orders.
The documents required may include any documents which should have been exchanged prior to the Case Assessment Conference but have not yet been exchanged (see above) and any other documents required containing evidence about:
Prepare with the other party and file a Balance Sheet as required – in summary:
Note – It is important that you make full and frank disclosure of all facts and documents relevant to your application. Failure to do so can delay a settlement, result in increased costs, or order for you to pay the other party’s costs.
It may also lead to the Court making a greater order for a property settlement in favor of the other party.
You should also read Rule 13.04 of the Family Law Rules 2004 and the Family Court’s brochure Duty of Disclosure.
If you need any help please contact the Brisbane Family Lawyers team today for a FREE, no-obligation 20-minute consultation.
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