Understanding the Callover (Trial Allocation Date) A Comprehensive Guide

The Callover in the Family Court of Western Australia: What You Need to Know

A callover is in effect the same thing as a trial allocation date, and it is often the last court session that litigants will attend before a final hearing (a Trial).

The Family Court will, in the normal course of events, instruct each party or their lawyers to submit and serve what is known as a Callover Certificate no less than seven days before the scheduled Callover. This will take place prior to the Callover.

You can find a copy of this form on the website of the Family Court, which can be accessed through the URL provided here.

The Callover procedure is something that will almost certainly come up in any family court proceedings that you are a part of in Western Australia. This is a very important stage of the legal procedure, since it will define when your trial will actually take place.

Read our article on the Family Court of western Australia waiting limits or our Frequently Asked Questions to know more

What is the Callover?

Before a trial begins in the Family Court of Western Australia, an administrative procedure known as the Callover must first be completed. Its objective is to identify when the trial will take place and to obtain information about the availability of the parties involved, including their lawyers and witnesses. 

What Can You Expect During the Callover?

At the Callover, the court will examine the case in question and determine whether or not it has the ability to schedule a trial date. If there is, the court will schedule a trial date, which will typically fall between two and three months after the Callover hearing. In that case, the topic will be given priority during the following Callover.

What is a callover certificate?

A Callover Certificate FORM NP12 is a document prepared by the parties involved in legal proceedings that require a trial. It is submitted to the court before the Callover procedure, which is a crucial step in the process of determining when the trial will take place. The Callover Certificate includes information about the availability of the parties and their witnesses, whether a fixed date is necessary, and any other relevant details that may impact the scheduling of the trial. 

The information provided in the Callover Certificate assists the court in determining the trial date and ensuring that all parties have adequate time to prepare for the hearing.

What Kinds of Information Are Included Within the Callover Certificate?

In order to facilitate the Callover, the parties involved compile a Callover Certificate that details their availability as well as any other information that may be pertinent. These items are included in this information:

the availability of the individuals who are involved in the situation, including the parties’ attorneys, barristers and any witnesses they may have. 

Whether or not it is essential to set a date because of unavailability, such as when one of the parties lives outside of the jurisdiction or when one party has a job that prevents them from attending court.  (for example, one party may live out of the jurisdiction or works in a FIFO or role that limits availability to attend Court).

Any other pertinent information that may have an effect on the timing of the trial.

When It Comes to Issues Concerning Family Law, What Takes Place at the Callover?

The Family Court of Western Australia uses the same procedure for the Callover hearings for cases involving family law as it does for cases involving other types of law. On the other hand, it might take into account additional factors, such as the necessity of ensuring the children involved in the situation are safe and sound. When setting a date for the trial, the court may take into consideration whether or not there is a need for family dispute resolution.

What Should You Anticipate During the Callover for Issues Relating to Family Law?

When going to the Callover in the Family Court of Western Australia for family law concerns, it is essential to be aware that the process of allocating a trial date is a procedural step that must be completed. 

At this point in the proceeding, you should not expect to argue your argument or bring up any ancillary matters. If you want to make sure that your rights are safeguarded during the Callover, it is absolutely necessary to have a knowledgeable legal practitioner represent you there, and we can help!

If your matter is not allocated for whatever reason at a Callover, it is likely that it will result in your case being prioritised in the next Callover.

To summarise, the Callover in the Family Court of Western Australia is an important phase in the legal procedure that defines when your trial will take place. This step takes place in the courtroom. If you are aware of what to anticipate and make the necessary preparations, you will be able to guarantee that the Callover will go off without a hitch and that your interests will be safeguarded during the entire procedure.