What is an interim hearing?
An interim hearing is a procedural hearing that is part of a family court proceeding. An interim hearing most often happens a few months after an initiating application for final property or parenting orders is filed with the Federal Circuit and Family Court of Australia.
You can request an interim hearing when you require an urgent decision in relation to parenting or property. The aim in requesting an interim hearing is to obtain temporary orders that will be in place until final orders can be made by the Court.
There is a limit on the number of Interim orders that you can file, so you should only request an interim hearing for a significant issue.
What if the Interim Order is not Followed?
If the other party does not follow the interim orders, you can file a Contravention Application with the Court. From September 2021 the Federal Circuit and Family Law Court of Australia has a dedicated contravention list, which means that if you have a Court order and it is not followed by the other side, the Court has an efficient process to hear about the contravention and enforce the orders. In the past, contraventions were technical and quite complex applications, but the new contravention list makes it easier to enforce both interim and final Court orders.
Get legal advice
Any family court process can be an overwhelming journey. Every step of the way involves confusing and complex processes with jargon, procedures, delays and expense. Interim hearings are one example of the alien world that you encounter during a family law case. Unified Lawyers are able to help you to navigate through this journey towards a successful resolution without excessive delay.