The trial is conducted by a Judge and is the event where the Court considers the parties’ final applications, hears the parties’ evidence in the matter and assesses that evidence in order to make a final decision.
At the trial:
- parties must be present at the trial;
- parties will be cross-examined by the solicitor/barrister for the other party;
- witnesses who have sworn an Affidavit in the case (included experts such as family report writers or valuation experts) must be available for cross-examination;
- parties will usually be represented by their solicitor and a barrister;
- each barrister will provide written and oral submission to the Judge after the evidence is concluded;
- for parenting matters if there is an Independent Children’s Lawyer (ICL), the ICL will also make submissions to the Court about the case.
A decision will usually be delivered by the Judge in writing within 3 months of the trial.