FAQ - Paterson & Dowding

FAQ Paterson & Dowding

The team of family lawyers at Paterson & Dowding are experts in the field of family law. The law can be confusing, especially when you have never dealt with it before. Rest assured, we are here to answer your frequently asked questions regarding family law.

How does a family lawyer help solve my issues?

Achieve your desired outcome for you and your family when negotiating with other parties involved in your personal circumstances with mediation to resolve issues early and to prevent the need to resort to more costly and time-consuming Family Court proceedings by drafting legal documents which may be required to resolve your matter.

Navigate the Family Law Act 1975, Family Court Act 1997 (Western Australia) and Child Support Acts 1988-89, as well as the Family Court Rules 2021 to avoid costly mistakes as you make your way through legal processes to achieve the outcome you desire with representation in Court with strategic legal guidance throughout the whole process until you reach a resolution of your matter.

Meet with a Paterson & Dowding Family Lawyer today to gather information on your rights and responsibilities and options available to you.

How can using a Paterson & Dowding Family Lawyer make a difference?

Paterson & Dowding Family Lawyers is one of Western Australia’s oldest and most highly regarded family law firms.

Our Family Lawyers combine their years of experience (and the practice’s established path of success) with the realities of living in a fast-paced, modern world.

We respect that resolving your issue in Court can be the most time consuming and expensive resolution option for you, in circumstances where you may very well prefer a clear, definite outcome with minimal fuss experienced along the way. We are keenly aware that there are preferable options to explore before embarking on Court proceedings, and have specifically developed a model of practice which embraces negotiation, arbitration and mediation.

We are proud of our track record. We have trained our family lawyers to embrace learning and ongoing development to keep up-to-date in an ever changing landscape. Many of our family lawyers have gone on to become leading members of the judiciary. At the heart of their legacy is our experience.

We are driven by our desire to get our client – you – the best outcome whilst limiting the fallout on families.

Why should I choose Paterson & Dowding?

Our team of Family Lawyers in Perth, Joondalup and Mandurah offers a broad range of services for separated, married de facto couples and interested third parties.

As one of the longest established Family Law firms in Perth with 50 years of experience, our highly skilled team consists of Accredited Family Law Specialists, Nationally Accredited Mediators, Collaborative Lawyers, Independent Children’s Lawyers and a Family Dispute Resolution Practitioner.

We are committed to fully understanding each client’s specific legal concerns, no matter how complicated the matter, in order to achieve the best outcome.

Do I need a family lawyer?

We recognise that this may be a very stressful time in your life and our family lawyers are well equipped to provide you with constructive guidance. We recommend that you have the benefit of meeting with one of our family lawyers for at least a one-off consultation before making any decisions.

Paterson & Dowding Family Lawyers is pleased to offer new clients a special arrangement to access the services of one of Western Australia’s oldest and most highly regarded Family Law firms. We offer a special, fixed fee rate for an initial one hour appointment with a lawyer that you have been matched with.

This will allow enough time to ask questions and to be provided with practical advice to help you navigate your way through your legal issues.

Where are you located?

We have three locations across Western Australia.

Perth Office:Mint House, Level 5, 326 Hay Street, Perth WA 6000

Joondalup Office:6/14 Reid Promenade, Joondalup, WA 6027

Mandurah Office:Suite 9, 21-23 Sholl Street, Mandurah, WA 6210

We recommend you follow the following 3 Steps

Step 1: Talk it over if you can

One of the first things to consider before involving family lawyers is to consider whether or not your marriage or relationship can be saved. In some cases, one of you may be thinking more about divorce than the other. There is a wide range of support available from counsellors and therapists that can help salvage your relationship. Ask us for a list of our recommended specialists.

Consider mediation (Family Dispute Resolution)

Even if you are sure that your marriage or relationship has broken down and cannot be repaired, mediation may be a suitable option and one that can be undertaken in parallel with the legal process. A good mediator can assist you and your spouse to reach an agreement quickly and amicably, and save you money in legal fees in the long run.

You can find mediation or Family Dispute Resolution services at organisations such as Relationships Australia and Anglicare, however they often have longer wait times. A number of private mediators are also available. We recommend our Lucy Thomas who is experienced and highly regarded for her approach and success rate.

Collaborative family law

At Paterson & Dowding Family Lawyers we also have lawyers who practice collaborative family law. Collaboration is a process where parties, their lawyers and other professionals agree to work together to find a workable solution. In a collaborative process, you and your former partner agree not to go to Court and not threaten to use the Court process as a means of coercing the other to agree.

Step 2: Choose the right family lawyer

One of the first decisions you need to make when have separated from your spouse is to choose the right family lawyer.

There are many options and it can be hard to know where to start looking.

Not all family law cases are the same and at Paterson & Dowding Family Lawyers we will do our best to match you with the right family lawyer based on the information you have provided our office.

We will make sure that the family lawyer you appoint has the necessary experience and the relevant special skills to get the result you want. We recognise that each and every one of our clients has special circumstances which may depend upon the nature of your relationship with your former spouse and your financial circumstances.

What should you look for when choosing a family lawyer?

A good family lawyer will:

Have the appropriate knowledge and experience.
Have an excellent word of mouth reputation or be recommended by Doyles.
Care about your case and give you their full attention.
Give you a straight answer and not get your hopes up by seeking a result that is not realistic.
Clearly explain the legal framework and your options.

Our Initial Consultation process will enable you to meet with the family lawyer we have matched you with, based on the information you have provided to our Office, to determine whether they are the best fit for you before you decide to engage us to proceed with your case.

Step 3: Attend your initial consultation

Please refer What to expect and bring to the initial consultation? for more information on this step.

Flow Chart - Parenting Matters

Step 1 - Separation Date

The separation date is a crucial role in determining how your matter is progressed.

You can commence financial matters as soon as you are separated.

Step 2 - Pre-Action Procedures

All parties are required to comply with the pre-action procedures. The procedures usually assist the parties to reach an agreement without going to court.

Timeline - up to 6 months of negotiations, depending on each individual matter

Step 3 - File Initiating Application

This is a document that is completed to include an overview of your matter including the background of your marriage/relationship, parenting issues and concerns. You are also required to provide relevant disclosure documents to assist in finalising your application before the Court.

Step 4 - Procedural Hearing (known as First Return Date)

The first return date is a housekeeping exercising making sure service requirements are met and the Respondent has filed responding documents. The Judicial Officer will assess the documents filed by the parties and make procedural orders to help your matter proceed to the next step.

Timeline – up to 28 days from filing the application

Step 5 - Case Assessment Conference

Case Assessment Conference is a court assisted Conference is run by a Family Consultant.

The purpose of the Conference is to assess risks, opportunity to negotiate, consider management options in moving forward and clarify issues in dispute.

Timeline - up to 6 months from First Return Date

Step 6 - Procedural Hearing

This is a Procedural Hearing for the Judicial Officer to review the Family Consultant’s recommendations and any further documents filed by the parties, discuss with you the recommendations by the Family Court and make interim orders.

Timeline - up to 8 months from First Return Date

Step 7 - Readiness Hearing

This is a Procedural Hearing to ensure your matter is ready for Trial.

Timeline - up to 12 months from First Return Date

Step 8 - Call Over hearing

Callover Hearings are only for the purpose of allocating a date for your Trial.

Timeline - up to 18 months from First Return Date

Step 9 - Trial

This is your final stage of your matter. At the end of your Trial the Judicial Officer will make final orders (“Decision”). At times the Decision will be handed down some months after the Trial ends.

Timeline to Trial – up to 24-30 months from First Return Date

Timeline to receive your Decision - up to 6 months from the end of your Trial

Flow Chart - Divorce Proceedings

Step 1 - Separation Date

The separation date is a crucial role in determining how your matter is progressed.

You can commence your Divorce application 12 months and 1 day after your separation.

Step 2 - Prepare your documents

You need to provide relevant instructions to finalise your Application for Divorce.

Once signed by you, then a Divorce Hearing Date is selected for your matter.

Timeline -Finalising documents - up to 4 weeks of engaging our services

Timeline – Divorce hearing date listed – up to 8 – 12 weeks of filing your application

Step 3 - Joint Application or Sole Application

Joint Application

When the other party agrees to sign the Application for Divorce prior to filing the Application

Sole Application

When the other party will not participate in the Application for Divorce.

You will need to seek assistance from a process server to serve the other party

Timeline serving sole divorce application

within 28 days of Divorce hearing if within Australia OR within 42 days if overseas

Step 4 - Divorce Hearing Date

On the day of your Divorce Hearing Date the Court will grant your divorce.

Between the day of the divorce hearing and when your divorce becomes official

(4 weeks and 1 day from Divorce Hearing Date)

You cannot remarry during this period

Step 5 - Divorce Order

The Family Court will provide you with your Divorce Order

Timeline – up to 6 weeks to receive your divorce order from the Divorce Hearing Date

Step 6 - Timelines relating to financial matters

If you haven’t already, you have 12 months from your divorce becoming official to reach an agreement and file that agreement with the Family Court in relation to your financial matters.

If you have not reached an agreement within the 12-month time frame, then you will need to commence proceedings in the Family Court.

Flow Chart - Family Violence Restraining Orders

Step 1 - Service of Interim Family Violence Restraining Orders

The service date is a crucial date when progressing your matter.

Step 2 - Filing an Objection

You need to file an objection to the interim family violence restraining order that was served on you.

If you do not file an objection within the 21 days of being served, the interim family violence restraining order will remain in place for 2 years.

Deadline: 21 days from receiving service of the interim family violence restraining order

Step 3 - Requesting Copies of Documents

Immediately attend the Magistrates Court where you matter was filed and complete forms to request a copy of the application, affidavit and transcript of proceedings.

Timeline: immediately

Step 4 - Hearing Date or Shuttle Conference

Once you have filed an Objection, the Magistrates Court will issue the parties’ a hearing date or date to attend a Shuttle Conference with your solicitor.

If no agreement is reached prior or on your Hearing Date or Shuttle Conference, then your matter will progress to Trial

Timeline: 3 – 8 months from being served with an interim family violence restraining order

Step 5 - Trial

In the event that that the parties could not reach an agreement prior or on the Hearing Date, then your matter will be listed for a Trial Date.

During this period, your solicitor will be in contact with you and your possible witnesses and prepare for Trial

The outcome of the matter will be delivered on the same day of trial.

Timeline – up to 12 months from being served with an interim family violence restraining order

Flow Chart - Financial Matters

Step 1 - Separation Date

The separation date is a crucial role in determining how your matter is progressed.

You can commence financial matters as soon as you are separated.

Step 2 -Pre-Action Procedures

All parties are required to comply with the pre-action procedures. The procedures usually assist the parties to reach an agreement without going to court.

Timeline - up to 6 months of negotiations, depending on each individual matter

Step 3 - File Initiating Application

This is a document that is completed to include an overview of your matter including the background of your marriage/relationship, financial responsibilities, issues arising and post separation arrangements. You are also required to provide relevant disclosure documents to assist in finalising your application before the Court.

Timeline - up to 3 weeks to finalise an application

(in urgent matters – up to a week)

Step 4 - Procedural Hearing (known as First Return Date)

The First Return Date is a housekeeping exercising making sure service requirements are met and the Respondent has filed responding documents. The Judicial Officer will assess the documents filed by the parties and make procedural orders to help your matter proceed to the next step.

Timeline - up to 24 hours to 28 days from filing initiating application

Step 5 - Conciliation Conference

Conciliation Conference is a Court assisted mediation. Conciliation Conference is used to encourage parties to find a solution to their financial dispute. The parties and their solicitors will be present together with the Registrar of the Court to help the parties explore options to resolve the dispute.

Timeline - up to 6 months from First Return Date

Step 6 - Readiness Hearing

This is a Procedural Hearing to ensure your matter is ready for Trial.

Timeline - up to 12 months from First Return Date

Step 7 - Call Over hearing

Callover Hearings are only for the purpose of allocating a date for your Trial including how many days the Trial will run for.

Timeline - up to 18 months from First Return Date

Step 8 - Trial

Timeline to trial - up to 24-30 months from First Return Date

Timeline to receive your Decision - up to 6 months from the end of your Trial

SPEAK TO ONE OF OUR LAWYERS TODAY

Why Trust Us?

Our aim is to minimise the fallout of disputes on families – both in the short term, and into the future. Our experienced lawyers have the welfare of children and families front of mind. Paterson & Dowding Lawyers work closely with clients to secure the best outcomes for families in the medium – longer term.

Our pricing is transparent and reasonable; we’re focused on timely solutions and where possible reaching agreement without having to go to Court. Make an appointment with a Paterson & Dowding Family Lawyer today.

Clients tell us that we are not just another Family Law firm. They trust us to deliver the best solution for their unique situation.

*Doyles Guide is an independently researched listing of best firms and lawyers, on the back of initial online peer-based surveys as well as extensive telephone and face to face interviews with clients, peers and relevant industry bodies.