Note: To search for hearing details for a specific case, visit the hearing list page.
Note: To search for hearing details for a specific case, visit the hearing list page.
At your maintenance hearing
Your maintenance application may proceed to a hearing if it is not settled at mediation or mentions. Find out what to prepare and expect for the hearing.
What is a maintenance hearing
A maintenance hearing is a chance for both parties to present their case to a judge. It takes place if an agreement was not reached during mediation.
The hearing usually takes place via an open court trial.
The hearing date will usually be about 4 weeks from the last mentions date. Depending on the number of witnesses and complexity of the case, you may be scheduled for a quarter day, half day, full day or more. The hearing may start at 9.30am, 11.15am, 2.30pm or 4.15pm.
Attendance is compulsory
Both the applicant and the respondent must attend the hearing.
If you are absent without a valid reason:
As the applicant, your application will be struck out.
As the respondent, the judge may issue a warrant of arrest against you. If the filing commenced on or after 15 October 2024, the judge may also proceed to hear the application in your absence.
If there is a valid reason for your absence, the court may choose to adjourn the matter.
If the court grants your request, a new date will be arranged. Otherwise, you are required to attend the court session as scheduled.
Arriving in court for your hearing
Note
Some court sessions may be conducted virtually. The court will inform you if you do not need to attend court in person. Find out more about virtual court sessions.
If you are asked to attend court physically, you should:
Bring the required documents that you submitted to the court.
At your hearing
You (or your lawyer) will need to present your case to the judge. In general, these are the stages you may expect during the hearing:
What to expect:
The applicant will first present their case and evidence. This is also known as the examination-in-chief.
If the applicant is represented by a lawyer, their lawyer will conduct the examination-in-chief.
If the applicant has witnesses, they will call their witnesses to the witness stand to give evidence.
What to expect:
The respondent will then get a chance to ask the applicant and their witnesses questions on their case and evidence.
If the respondent is represented by a lawyer, their lawyer will conduct the cross-examination.
After the respondent or their lawyer has conducted the cross-examination, the applicant may ask their witnesses further questions, or, if represented, the applicant's lawyer may ask the applicant or their witnesses further questions. This is known as the re-examination.
What to expect:
The respondent will present their case and evidence.
If the respondent is represented by a lawyer, their lawyer will conduct the examination-in-chief.
If the respondent has witnesses, they will call their witnesses to the witness stand to give evidence.
What to expect:
The applicant will then get a chance to ask the respondent and their witnesses questions on their case and evidence.
If the applicant is represented by a lawyer, their lawyer will conduct the cross-examination.
After the applicant or their lawyer has conducted the cross-examination, the respondent may ask their witnesses questions, or, if represented, the respondent's lawyer may ask the respondent of their witnesses further questions. This is known as the re-examination.
After the parties and their witnesses have been examined, each party may present to the court a summary of their case.
The judge will decide whether to make an order for maintenance to be paid, enforced or varied, or to dismiss the application. Find out about the possible orders and outcomes.
Need help?
The information here is for general guidance as
the courts do not provide legal advice. If you need further help, you may want to get independent legal advice.