One common question people ask when their matter is in Court is: what happens at an Interim Family Law Hearing?
An Interim Hearing is an important court date in family law proceedings in Australia. Since the September 2021 changes, a Senior Judicial Registrar often makes the first decisions about parenting or property matters during this hearing.
What stages have parties been through prior to an Interim Hearing?
If parties cannot come to consent orders, the Interim Hearing means the court will make a decision. However, it is not a final hearing. To reach this stage, parties usually have passed certain earlier steps.
The parties would have attended the first return date and further court dates to progress the matter. In parenting cases, a Child Impact Report is often prepared.
What happens at an Interim Family Law Hearing in Australia?
The Interim Hearing usually happens in person at the Federal Circuit and Family Court of Australia (FCFCOA). The hearing length depends on the number and complexity of disputed issues and can range from a short time to several hours.
It is vital to get legal advice before your Interim Hearing if you haven’t already. Parties should review the Court document – Central Practice Direction: Family Law Case Management – to understand what to expect.
Parties must file an Outline of Case document (Interim Hearing). Court Orders made before the hearing detail procedures and important dates. It is important to regularly check the CommCourts portal for any Orders or upcoming Court dates.
At our Nundah family law firm, we regularly help clients in north Brisbane prepare for these important early stages of a case.
Interim Hearings Are Not Final Hearings
The court does not make final decisions at an Interim Hearing.
Instead, the judge makes orders that apply until the final hearing or another order. These may relate to:
- Who the children live with or spend time with,
- Urgent property injunctions or spousal maintenance,
- Who occupies the home, or
- Preventing the sale or transfer of property.
The Process for Interim Hearings
Prior to the May 2024 changes, the process in the case of Goode v Goode provided a guideline for the way in which interim hearings were to be conducted.
Paragraph 82 of Goode & Goode [2006] FamCA 1346 guided the practical process for Interim Hearings and handling evidence.
The process was:
- Identify the parties’ competing proposals;
- Identify the issues in dispute;
- Identify any agreed or uncontested facts;
- Consider matters relevant to section 60CC of the Family Law Act, focusing on the best interests of the child — including safety, the child’s views, and developmental, psychological, emotional, and cultural needs.
In Eaby & Speelman [2015] FamCAFC 104, the Full Court clarified:
- The court weighs the likelihood of competing claims and their potential impact on the children when making interim orders.
- The court must engage with all available evidence, not ignoring disputed facts or relying only on agreed facts, to serve the children’s interests.
In relation to the May 2024 in family law parenting proceedings, the case of Goode is still applicable for in relation to how the court is to consider evidence and in relation to what an interim hearing is.
In the case of Kennedy & Peyton (No 3) [2025] FedCFamC1F 167 in the Federal Circuit and Family Court of Australia (Division 1) at 29 her honour stated at para 31:
“Notwithstanding amendments to section 60CC and PartVII more generally, the Full Court of the Family Court in Goode v Goode (2006) FLC 93-286 under the heading ‘how should interim proceedings be conducted’ remains a useful methodology to be applied in so far as the first four steps identified at [82]”.
The Safety of the Children
For an interim application, the most significant consideration is what arrangements would promote the safety of the children. It is also important to consider the emotional and psychological needs of the children and the benefit of the relationship between the child and each parent if it is safe.
Moreover, where there are allegations of risk, until testing of the evidence can occur, it is important to appreciate the impact on the children if the subsequently the allegations are found to be accurate (SS & AH) [2010] FamCAFC 13.
In terms of the Court’s approach to the assessment of risk, the case of Isles & Nelissen [2022] FedCFamC1A 97; (2022) FLC 94-092 has clarified the approach.
The recent Full Court decision of Isles & Nelissen clarified that while assessment of risk of harm is evidence-based, for there to be an unacceptable risk, it does not need to be shown that harm is likely to occur on the balance of probabilities.
It is useful to consider when assessing whether there is an unacceptable risk to a child or children the following: I
- Whether the facts suggest that there is a present or future risk;
- The magnitude of the risk; and
- Whether there are tools and circumstances to adequately mitigate the risk.
Quality of Affidavit Evidence and Outline of Case (Interim Hearing)
The court relies on clear, credible, and supported evidence to make discretionary parenting orders that serve the child’s best interests.
Affidavits and the Outline of Case should clearly explain evidence related to section 60CC factors and support the orders sought. Any significant risk factors should be explicitly stated.
Quality Legal Advice — Local North Brisbane Lawyers at Nundah
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