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Difference between revisions of "Case Conferences in a Family Law Matter"
From Clicklaw Wikibooks
Case Conferences in a Family Law Matter (view source)
Revision as of 01:27, 25 February 2013
, 01:27, 25 February 2013→Potential Outcomes
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Rule 7(4) sets out the things a judge can do at a FCC: | Rule 7(4) sets out the things a judge can do at a FCC: | ||
The judge at the family case conference may do one or more of the following: | <blockquote><tt>The judge at the family case conference may do one or more of the following:</tt></blockquote> | ||
<blockquote><blockquote><tt>(a) mediate any of the issues in dispute;</tt></blockquote></blockquote> | |||
<blockquote><tt>(a) mediate any of the issues in dispute;</tt></blockquote> | <blockquote><blockquote><tt>(b) decide any issues that do not require evidence;</tt></blockquote></blockquote> | ||
<blockquote><tt>(b) decide any issues that do not require evidence;</tt></blockquote> | <blockquote><blockquote><tt>(c) with consent of the parties, refer any issues to mediation with a private mediator;</tt></blockquote></blockquote> | ||
<blockquote><tt>(c) with consent of the parties, refer any issues to mediation with a private mediator;</tt></blockquote> | <blockquote><blockquote><tt>(d) if the regional manager has advised the court in writing that the person or program is readily available to the parties, refer the parties to a family justice counsellor or to a person designated by the Attorney General to provide specialized maintenance assistance;</tt></blockquote></blockquote> | ||
<blockquote><tt>(d) if the regional manager has advised the court in writing that the person or program is readily available to the parties, refer the parties to a family justice counsellor or to a person designated by the Attorney General to provide specialized maintenance assistance;</tt></blockquote> | <blockquote><blockquote><tt>(e) adjourn the case for purposes of mediation under paragraph (c) or a referral under paragraph (d);</tt></blockquote></blockquote> | ||
<blockquote><tt>(e) adjourn the case for purposes of mediation under paragraph (c) or a referral under paragraph (d);</tt></blockquote> | <blockquote><blockquote><tt>(f) make an order to which all of the parties consent;</tt></blockquote></blockquote> | ||
<blockquote><tt>(f) make an order to which all of the parties consent;</tt></blockquote> | <blockquote><blockquote><tt>(g) direct that any or all applications must be made within a set time;</tt></blockquote></blockquote> | ||
<blockquote><tt>(g) direct that any or all applications must be made within a set time;</tt></blockquote> | <blockquote><blockquote><tt>(h) direct the parties to attend a further family case conference, setting a date for that conference;</tt></blockquote></blockquote> | ||
<blockquote><tt>(h) direct the parties to attend a further family case conference, setting a date for that conference;</tt></blockquote> | <blockquote><blockquote><tt>(i) set a date for a trial preparation conference under rule 8;</tt></blockquote></blockquote> | ||
<blockquote><tt>(i) set a date for a trial preparation conference under rule 8;</tt></blockquote> | <blockquote><blockquote><tt>(j) make any order that may be made at a trial preparation conference under rule 8 (4);</tt></blockquote></blockquote> | ||
<blockquote><tt>(j) make any order that may be made at a trial preparation conference under rule 8 (4);</tt></blockquote> | <blockquote><blockquote><tt>(k) if the judge does not set a date for a further family case conference or for a trial preparation conference, set a trial date for the matter or set a date for a trial that is restricted to issues defined by the parties;</tt></blockquote></blockquote> | ||
<blockquote><tt>(k) if the judge does not set a date for a further family case conference or for a trial preparation conference, set a trial date for the matter or set a date for a trial that is restricted to issues defined by the parties;</tt></blockquote> | <blockquote><blockquote><tt>(l) make an interim or final order requested in an application, reply or notice of motion;</tt></blockquote></blockquote> | ||
<blockquote><tt>(l) make an interim or final order requested in an application, reply or notice of motion;</tt></blockquote> | <blockquote><blockquote><tt>(m) without hearing witnesses, give a non-binding opinion on the probable outcome of a hearing or trial;</tt></blockquote></blockquote> | ||
<blockquote><tt>(m) without hearing witnesses, give a non-binding opinion on the probable outcome of a hearing or trial;</tt></blockquote> | <blockquote><blockquote><tt>(n) make any other order or give any direction that the judge considers appropriate.</tt></blockquote></blockquote> | ||
<blockquote><tt>(n) make any other order or give any direction that the judge considers appropriate.</tt></blockquote> | |||
Although that last item, "make any other order or give any direction that the judge considers appropriate," sounds pretty all-encompassing and all-powerful, in practice the court rarely makes orders that one or more party opposes. | Although that last item, "make any other order or give any direction that the judge considers appropriate," sounds pretty all-encompassing and all-powerful, in practice the court rarely makes orders that one or more party opposes. | ||
