Home > Legal information > Relationship breakdown > Family law and the courts > Following court rules

Following court rules

Each court has its own set of rules and procedures which you must follow if you make an application to a court, or need to respond to another person’s court application.

There are rules about important steps such as:

  • filing
  • serving
  • giving evidence
  • disclosure.

Time limits can apply for these steps. If you need more information on court procedures, or if you are representing yourself, get legal advice. The court’s website can also provide information.

‘Filing’ means to give documents to the court. Court fees also apply for filing forms – depending on your financial situation you may not have to pay these fees.

‘Serving’ means to have those legal documents given (or mailed) to the other person or people involved in your case. There are special rules about serving. In some cases, you cannot serve the other person yourself. There are forms that must be filled out to prove that the other person has been ‘served’. The family law courts website (link below) has information on serving or you can ask at the court registry or get legal advice.

Giving evidence in court is when you may get to talk about the issues in dispute, so the judge can hear from each person and make a decision. It can also refer to providing other information to the court. There are strict rules about ‘admitting’ (allowing) evidence. Some of these rules may not apply in children’s cases unless the court decides they should.

In all family law court cases you must follow 'pre action procedures'. These are rules that must be followed before you apply to court. The rules are different, depending on the type of dispute. With some exceptions, this means that you should participate in some form of family dispute resolution.

‘Disclosure’ refers to your duty to give the court and others involved in your case all the information that is relevant to your case. Other people in your case must also disclose relevant information. The information you are required to disclose relates to the issues in dispute, so it is important that these are set out clearly.

The type of information you must provide depends on what sort of case you have. In financial cases, the list of information that must be disclosed is very detailed. Everyone involved in the case must do this, even if it helps the other side’s case. This includes giving information without delay. You may not be able to use information in your own case if you have not disclosed it in time for the other party to respond to it.

If you do not disclose this information the penalties are severe. You may have to pay costs, your case could be delayed or court orders changed and you risk proceedings against you for ‘contempt of court’. Contempt of court means where the court finds you have tried to interfere with or have ignored the rules of the court. You may also be stopped from using information in your case if you have not disclosed it.

The duty applies before your case starts and finishes when final orders have been made.

More information

Choosing a court

Related publications

The role of an independent children’s lawyer

You and family law: a short guide

Related websites

Family Law Courts

How we can help

Call Victoria Legal Aid’s (VLA) Legal Information Service for free information over the phone about the law and how we can help you with your legal problem. You can speak to a legal information officer in English or ask for an interpreter. Phone (03) 9269 0120 or 1800 677 402 (country callers), Monday to Friday from 8.45 am to 5.15 pm.

VLA’s other free legal services include:

  • advice at VLA offices and other locations across Victoria
  • lawyers who are on ‘duty’ to help at many courts and tribunals.

For some family law matters we can provide you with a lawyer to help you run your case.

To find out more about any of our legal services see What we do.