Am I required to attend Court?

If you are involved in a family law case is before the Federal Circuit and Family Court of Australia, whether for a dispute about a property or a parenting (commonly referred to as child custody), it is important you attend Court! This is not just because the right thing to do in your matter, it is requirement under the Federal Circuit and Family Court of Australia (Family Law) Rules 2021.

Rule 15.15 - Party's attendance

Rule 15.15 of the Federal Circuit and Family Court of Australia (Family Law) Rules 2021 states: -

(1)  Unless the court otherwise directs, a party and the party's lawyer (if any) must attend each court event.

(2)  Subrule (1) does not apply to:

(a)  an Application for Consent Orders; or

(b)  a divorce hearing that does not require a party's attendance under the Family Law Act; or

(c)  a hearing in chambers in the absence of the parties.

So the short answer is, in almost all cases, and unless you have expressly been granted leave by the Court not to attend, you and your lawyer are required to attend all Court events. This applies whether the Court is occurring in person, or electronically (remote or virtual Court).

If you cannot make Court due to unforeseen circumstances you must advise your solicitor as soon as possible and explain how the situation has stopped you from being able to attend Court. This should be done before your solicitor goes before the Court so they can explain why you are not present. If you are unwell and cannot get to Court, it is a good idea to get a medical certificate. 

There may be serious consequences, such as the Court dismissing your application or making orders in your absence if you do not attend Court. 

Please note: the information in this article is general in nature. For specific advice about your circumstances or if you have any questions regarding the Rules or family law, contact our experienced team.