Key distinctions in family law - Solicitor v Barrister, Mention v Interim Hearing v Trial, Judge v Registrar

Let me help you navigate and understand bettter some terms used in family law and the key distinction to some of those terms.

One common question that arises is: What is the difference between a barrister and a solicitor in the context of family law?

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In simple terms, a solicitor is typically the first point of contact for individuals seeking legal advice or representation. They work directly with clients, handle administrative tasks, and manage the day-to-day aspects of a case. On the other hand, a barrister specializes in courtroom advocacy and provides expert legal advice on complex legal issues. Barristers are often engaged by solicitors to represent clients in court proceedings or provide specialized legal opinions.? It’s the barristers that you see walking around some times with funny wigs on their heads, wearing cloaks and it’s the solicitor that you usually see beside them in the suit only – both probably carrying a lot of paperwork and folders.

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So when you want advice you come and see someone like me and the team here at CFLG.? We are solicitors and we will advise you and guide you through the legal pathway.? If you are unfortunate enough to end up in court, then at sometimes in those court proceedings you will need a barrister (usually at a final trial).?

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Now, moving on to legal proceedings, I want to explain the difference between an interim hearing and a final trial in family law cases?

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An interim hearing, occurs during the early stages of a family law case and addresses temporary issues such as child custody, spousal support, or sale of property, ?until a final resolution is reached. On the other hand, a final trial is the culmination of the legal process, where all relevant evidence is presented, and a judge makes a final decision on the issues in dispute, such as property division, child custody arrangements, and financial support.

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Another term that may confuse some listeners is "mention of the matter." What exactly happens at a mention of the matter in family law proceedings?

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A mention of the matter is a procedural step in the legal process where the case is brought before the court for administrative purposes, such as scheduling hearings, updating the court on the status of the case, or addressing any preliminary issues that may arise. It's essentially an opportunity for the parties involved to inform the court of any developments or issues that need to be addressed before proceeding to the next stage of the legal process.

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The difference between those types of hearings is helpful to understand. Finally, I want to shed some light on the difference between a Judge and a Registrar in family law proceedings?

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In family law proceedings, a Judge is a legal professional appointed to preside over hearings, make rulings on legal matters, and ultimately decide the outcome of a case. Judges have extensive legal knowledge and authority to interpret and apply the law impartially. On the other hand, a Registrar is a court official responsible for administrative tasks, such as managing court documents, scheduling hearings, and providing procedural guidance to parties involved in the case. While Registrars play a crucial role in the legal process, they do not have the authority to make all judicial decisions. Judges and Registrars and Senior Judicial Registrars all have different powers with respect to what decisions they can or can’t make.? They are set out in the Federal Circuit and Family Court Rules in schedule 4.? There is a lot so I am not going to go into it all here.? But going back to those few hearing types I mentioned earlier for example if you were at a mention then the Registrar usually can’t make a decision about a contested thing (like time spent or if a property is to be sold in the interim). ?Where there is decisions like that needing to be made then your matter will be listed for an Interim Hearing.? A Senior Judicial Registrar usually hears the Interim Hearings and they can make decisions about interim parenting arrangements or interim property orders. A Judge as I have explained will be the judicial officer that will hear the final trial of the matter where all the evidence is tested and parties are cross examined. More on preparing for a trial over on a previous article and podcast i have authoried about "what to expect at a trial".

I hope this discussion has provided valuable insights into some key aspects of family law. If you need assistance in your family law matter then get in touch and let's have a chat. Take care and stay informed.