How do you determine in a family law case whether a court date is going to be set?
A court date is set depends on whether the case is “standard track” or “fast track.” Applications that contain a claim for divorce or a property claim are standard track; all other cases are fast track. In a standard track case, the clerk does not automatically set a court date when the application is filed. The applicant waits until the respondent has been served and has filed an answer before the next step is taken, namely, the booking of a case conference. If the applicant wishes to obtain a case conference date at the time the application is filed, most courts (but not all) will allow you to do so by serving and filing a conference notice as per Form 17. The conference will not be held until at least six weeks thereafter to give sufficient time for the application to be served and for the respondent to file responding materials.