A first return hearing is your initial court appearance in the Federal Circuit and Family Court of Australia (FCFCOA) after filing a family law application.

This hearing is primarily procedural, allowing the court to assess the case, determine any urgent issues, and set future directions.

While it may not involve a final decision, it is an opportunity to clarify your position and ensure the case progresses appropriately.

What Happens at a First Return Hearing?

The first return hearing is not a trial but a procedural step where the court gathers information about your case. During this hearing, the judge or registrar may:

• Identify urgent matters that need immediate attention, such as parenting arrangements or financial support
• Assess whether the case can be resolved without a full trial
• Make procedural orders, such as setting dates for mediation, interim hearings, or a final hearing
• Encourage parties to negotiate and reach agreements where possible

If an agreement is reached, the court may formalise it into legally binding orders. Otherwise, the judge will outline the next steps.

Key Takeaway: The first return hearing is a procedural step to clarify issues, set directions, and explore early resolutions.

Do You Need to Attend the First Return Hearing?

Attendance at the first return hearing is generally required unless the court advises otherwise. If you fail to appear, the court may proceed in your absence and make orders that affect your case.

If you have legal representation, your lawyer will speak on your behalf. However, if you are self-represented, you must be prepared to explain your case clearly and respond to any questions the court may have.

Key Takeaway: Your attendance is important, whether in person or via legal representation, to ensure your position is considered in the court’s decisions.

What Should You Prepare for the First Return Hearing?

Preparation can make your first return hearing more productive. You should:

• Review all court documents: Ensure you understand your application, responses, and any filed affidavits.
• Organise your key points: Be ready to outline your concerns and any urgent matters.
• Consider possible agreements: Courts encourage early resolution where possible.
• Seek legal advice if needed: Even if you are self-represented, legal guidance can help you understand the process and your rights.

Key Takeaway: Being prepared helps you present your case clearly and respond effectively during the hearing.

Can the Court Make Orders at the First Return Hearing?

Yes, the court can make orders at this stage, particularly for urgent or procedural matters. These may include:

• Interim parenting orders: Temporary arrangements for children until a final decision is made.
• Financial orders: Such as spousal maintenance or access to assets.
• Procedural orders: Directing parties to attend mediation, file further documents, or comply with specific deadlines.

The court’s priority is ensuring children’s best interests in parenting matters and a fair process in financial disputes.

Key Takeaway: The court can issue temporary or procedural orders, so it is important to be prepared for possible outcomes.

What Happens After the First Return Hearing?

The next steps depend on whether an agreement is reached. If parties settle, the case may conclude with consent orders. If disputes remain, the court may:

• Schedule further hearings or a trial
• Refer the case to mediation or a family dispute resolution service
• Order additional evidence, such as financial disclosure or expert reports

The timeline for resolution varies depending on the complexity of the case and the willingness of parties to negotiate.

Key Takeaway: After the first return hearing, the court may direct further hearings, mediation, or evidence gathering if disputes remain unresolved.

The first return hearing is an important step in the family law process, setting the course for how your case will proceed.

Understanding its purpose, preparing effectively, and considering legal guidance can help you navigate this stage with confidence.