When dealing with a family law matter in Australia, the final hearing in the Family Court is often the last step in resolving the dispute. This is when the judge listens to all the evidence and makes the final decision.
Whether your case is about parenting, property, or both, understanding what happens at a final hearing can help ease some of the stress and confusion.
Below you will find answers to the most common questions about what happens during a final hearing in family court.
What Is a Final Hearing in the Family Court and Why Is It Important?
The final hearing in family court is the stage where a judge hears the full case and makes a binding decision. Unlike earlier stages such as interim hearings or directions hearings, the final hearing is not about temporary arrangements or simple instructions.
It is about making long-term decisions that will affect you and your family.
In interim hearings, the judge usually makes short-term orders based on limited information. In contrast, a final hearing includes all the details of the case. You will give full evidence, respond to the other side's claims, and ask questions of witnesses.
The judge will then take all of this into account before making final orders.
This step matters because once the court makes a final decision, those orders are legally binding and harder to change. That is why preparing for the final hearing process is so important.
Who Will Be Present at a Final Hearing Family Court Australia Case?
A typical final hearing family court Australia case includes several people who each have a specific role.
- The Judge: The judge listens to the evidence, asks questions, and makes the final decision.
- The Parties: You and the other person involved in the case (for example, your ex-partner) must attend. You are both expected to give evidence and answer questions.
- Lawyers: If you or the other party have hired lawyers, they will speak on your behalf and help present your case.
- Independent Children's Lawyer (ICL): In some parenting cases, the court may appoint an ICL. This lawyer represents the best interests of the children and may speak with them before the hearing.
- Witnesses: These can include family members, teachers, doctors, or experts who can help explain important facts. Witnesses may be asked questions by both sides.
Everyone in the room has a clear role, and the process is structured to ensure each person gets to present their side properly. Knowing who will be there and why cam help to reduce stress during the final hearing.
Read also: 5 Basic Guide to Family Law Court Hearing Types in Australia
What Evidence Is Considered During a Final Hearing?
During a final hearing, the court looks closely at the evidence each side brings. The evidence helps the judge understand what has happened in the past and what might happen in the future.
Here are the most common types of evidence:
- Affidavits: These are written statements that include your version of events. They need to be prepared carefully, as they are treated like your spoken evidence.
- Expert Reports: These could include family reports in parenting matters, or valuations in property disputes.
- Cross-Examination: This is where each side can ask questions of the other party and any witnesses. It helps test whether their evidence is reliable or not.
- Submissions: After the evidence is presented, each lawyer (or party, if self-represented) will explain how the judge should apply the law to the facts.
The judge does not make a decision based on feelings or impressions. They decide the case based on the law and the quality of the evidence provided in the final hearing.
Read also: What Evidence Is Most Helpful in Family Court Cases?
How Long Does a Final Hearing in the Family Court Usually Take?
The final hearing in the family court can take anywhere from one day to several weeks, depending on how complex the case is.
Smaller property matters or parenting disputes may be completed in one or two days. More detailed matters, especially those involving allegations or multiple witnesses, may take longer.
Each day usually runs from around 10:00 am to 4:00 pm, with short breaks in between. Sometimes the judge may need more time to review all the evidence, which can cause delays or adjournments.
It's also possible that the hearing might not finish on the scheduled days and will need to continue on a later date. Be prepared for delays, but know that the court will try to finish your final hearing as efficiently as possible.
What Happens After the Final Hearing Is Completed?
Once the final hearing is over, the judge does not always make a decision on the spot. They might say they will "reserve" their judgment. This means they need more time to think about the case and write their reasons before making final orders.
You will receive the court's decision in writing, either by mail or email, depending on how your case has been managed. These are called final orders and must be followed by both sides.
If you believe there has been a legal mistake in the decision, you may be able to appeal. This is not the same as simply disagreeing with the outcome. An appeal must be based on legal grounds, such as an error in how the law was applied.
In most cases, the final orders will bring closure. This is why preparing well for your final hearing can make a real difference in how your matter is resolved.
Read also: How to Understand Parenting Orders After Domestic Violence Allegations
Final Hearing, Final Steps: Know Where You Stand
The final hearing process can feel overwhelming, but understanding each step helps you feel more confident. From who attends to what evidence is shown and how long it all takes, knowing what to expect removes some of the fear around going to court.
Final hearings are not just about rules and courtrooms. They are about finding a way forward, especially when agreements cannot be made privately. If you are heading into a final hearing, preparation and clarity can help you present your case in the best possible way.
Need Support Before Your Final Hearing?
Are you preparing for a final hearing and unsure of what comes next? At Justice Family Lawyers, we focus on helping clients understand the process clearly and calmly.
Our team offers trusted guidance on parenting and property matters and supports you before, during, and after your court hearing.
Whether you need help reviewing your affidavit or want to know what to expect from the other side, our experienced lawyers are here to help you feel informed and prepared. Contact us today to discuss your next steps.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
