If you reside in Bundaberg and are going through a family law matter, then you might be wondering how progress through the family court system, when the closest Registry is in Brisbane. It is a common source of confusion for people going through separation in the Wide Bay region, so here is what actually happens and what you can expect.
The Federal Circuit and Family Court of Australia (FCFCOA) doesn’t have a full-time registry in every regional town. Bundaberg is what’s known as a circuit court location. This means that Judges travel here on a regular schedule from Brisbane to hear local matters in person, rather than requiring everyone in the Wide Bay, Bargara, or Childers area to travel to Brisbane City for every court date. Additionally, a number of the ‘administrative’ hearings can be conducted electronically, while the Registrar is in Brisbane. Your application, evidence, and ongoing case management sit with the Brisbane Registry, but the actual hearings happen locally on the Bundaberg circuit list.
It’s worth checking the Bundaberg circuit list on the Court’s website ahead of time, since sitting dates aren’t continuous. Matters are grouped into circuit blocks, generally every few months, rather than heard every week.
First court event: For most people, the starting point is a procedural hearing, called a First Return, usually run by a Judicial Registrar. It tends to be short, and the focus is on setting a pathway for your case and identifying how any interim issues need to be resolved. Orders might be made for gathering evidence, obtaining valuations, getting expert reports, attending family dispute resolution, or completing a parenting program before things progress further.
Directions Hearings & Mentions: If your matter needs more time to address procedural issues before progressing to a Hearing, then you might be listed for further administrative hearings, called Directions Hearings or Mentions, to work out the progression of your matter before you are ready to proceed to a Hearing.
Interim Hearing: If your matter needs assistance in determining interim matters, such as temporary parenting arrangements or spousal maintenance, you will likely be listed for an Interim Hearing where a Judge or Senior Judicial Registrar decides specific issues on a temporary basis, while the broader matter continues toward a final resolution.
Final Hearing: This is the last Hearing, or Trial, where parties present their evidence and a Judge makes a determination of the issues on a final basis. Most matters do not proceed to a Final Hearing. Your Final Hearing will generally be held in person at the Bundaberg Circuit Court before a Judge.
For court events that occur electronically, you will be sent a link to the Court’s Webex Portal, where the Court event will occur. There will generally be a number of matters listed for the same time, so it is important that you listen for your name to be called. While you are waiting for your matter, your camera and microphone will be turned off, and will only be turned on for your matter.
For hearings that are conducted in person, there will, again, likely be a number of matters listed for the same time. At the start of the morning, the Court will likely hold a ‘call over’ which is parties provide an update to the Judicial Registrar or Judge about the prospects of the matter resolving or if the hearing needs to proceed.
It is completely normal to feel uncertain walking into a family law hearing, especially the first time. Free support is available on the day through Legal Aid Queensland’s duty lawyer service, and the Family Advocacy and Support Service (FASS) offers legal and social support specifically for people affected by family violence. That said, these services are generally there to help on the day itself. Having a lawyer prepare your matter properly beforehand puts you in a far stronger position than relying solely on same-day assistance.
If you have got a matter coming up on the Bundaberg Circuit Court, our team can explain exactly what to expect at your particular hearing and make sure you walk in properly prepared, not just hoping for the best on the day.
