Outline of Case (Final Hearing)

Understanding the Final Hearing Outline of Case

An Outline of Case for a final hearing is a comprehensive document that sets out your entire case for the judge. Unlike interim outlines which address temporary arrangements, the final outline covers every issue, every fact, every witness, and every legal argument you rely upon to achieve the permanent orders you seek.

Purpose

The Outline of Case provides the judge with a comprehensive roadmap before the final hearing begins. It identifies all issues in dispute, lists the witnesses you will call, references the documentary evidence, and articulates your legal arguments. It enables the judge to follow the evidence efficiently during what may be a multi-day hearing.

Legal basis

Required under Rule 5.09 of the FCFCOA Rules and the Central Practice Direction. Failure to file may result in the hearing being adjourned, evidence being excluded, or costs orders. The court takes compliance with pre-trial directions seriously at the final hearing stage.

Interim vs Final Outline — Key Differences

While both documents serve a similar purpose — guiding the court through your case — the scope, detail, and requirements differ significantly.

Structure & Content Requirements

A final hearing Outline of Case is more detailed than an interim outline. The following structure covers all the elements the court expects.

A — Case header

Court file number, party names, hearing dates, whether the matter involves parenting, property, or both.

B — Issues in dispute

A numbered list of every issue the court needs to determine. For parenting: living arrangements, time arrangements, decision-making responsibility, specific issues (schooling, medical, travel). For property: identification of the asset pool, valuation disputes, contributions, future needs assessment, proposed division.

C — Issues not in dispute

Identify any issues the parties have agreed upon. This narrows the court's focus and saves hearing time. Example: "The parties agree the net asset pool is $1.2 million" or "The parties agree the children should attend [School Name]."

D — Summary of facts

A chronological summary of the key facts, cross-referenced to affidavit evidence. More detailed than an interim outline but still focused — not every fact needs to be included, only those relevant to the issues in dispute.

E — Legal submissions

Your arguments on each issue. For parenting: how the Section 60CC best interests factors apply. For property: your analysis of contributions (Section 79(4)) and future needs (Section 75(2)). Address each issue in turn.

F — Witness list

A complete list of witnesses you intend to call, including: their full name, relationship to the matter, topics they will address, estimated time for examination-in-chief, and the affidavit(s) they have filed.

G — Documentary evidence

A schedule of all documentary evidence you rely on (annexures to affidavits, subpoenaed material, valuations, reports). Reference each document by exhibit number or annexure letter.

H — Orders sought

The precise final orders you are asking the court to make. These should be drafted in a form the judge can adopt directly as court orders.

Step-by-Step Drafting Guide

Drafting a final Outline of Case requires careful preparation. Start well in advance of the filing deadline — this is not a document that can be rushed.

Step 1 — Review all evidence

Re-read every affidavit filed by both parties, all annexures, any expert reports, family reports, and subpoenaed material. Make notes on key facts and where they appear. This is the foundation for your outline.

Step 2 — Identify issues and agreements

List every issue the court needs to determine. Then identify anything the parties agree on. This narrows the focus. Communicate with the other party (or their lawyer) to confirm agreed issues — this demonstrates cooperation and saves court time.

Step 3 — Prepare your witness list

List every witness you intend to call. For each witness, note the affidavit(s) they have filed, the topics they will address in oral evidence, and your estimate of how long their examination-in-chief will take. Be realistic — judges hold parties to their time estimates.

Step 4 — Draft orders in precise terms

Draft the final orders as if the judge will simply adopt them. Use standard court order language. For parenting: specify living arrangements, time arrangements, communication protocols, decision-making allocation. For property: specify who gets what, transfer timeframes, and consequential orders (mortgage refinancing, superannuation splitting).

Step 5 — Write your submissions

For each issue, explain how the evidence supports your position. Reference the relevant statutory provisions. For parenting matters, work through each Section 60CC factor. For property, work through the four-step process under Section 79 (identify pool, assess contributions, consider future needs, assess just and equitable).

Witness Lists & Evidence Management

The witness list is a critical component of the final Outline of Case. The judge uses it to manage hearing time and ensure all evidence is heard efficiently.

What to include for each witness

• Full name — the witness's legal name as it appears on their affidavit.
• Relationship to the case — their role: party, family member, friend, expert witness, or professional (e.g., family consultant, psychologist).
• Affidavit details — reference to their filed affidavit(s) by date.
• Topics of oral evidence — the key topics you will ask them about in examination-in-chief. This is a summary, not a script.
• Estimated time — how long examination-in-chief will take (e.g., "30 minutes"). Be realistic — judges expect parties to keep to their estimates.

Expert witnesses

If an expert witness has provided a report (family consultant, psychologist, valuer), you must identify whether you intend to call them for cross-examination. If you want to challenge an expert's conclusions, you must give notice.

• If you agree with the expert's report, you may not need to call them.
• If you disagree, indicate in your outline which conclusions you challenge and why.
• The court may require you to file a notice of objection to expert evidence before the hearing.

Filing & Service Requirements

Filing deadlines for the final Outline of Case are strictly enforced. Missing the deadline may result in the hearing being vacated — losing your hearing date and waiting months for a new one.

Typical deadlines

• Applicant's outline — usually required 14–21 days before the final hearing, or as directed by the court at the pre-trial conference.
• Respondent's outline — usually required 7–14 days before the final hearing, after reviewing the Applicant's outline.

Filing

• File via the Commonwealth Courts Portal or at the registry.
• No filing fee.
• Include the witness list as part of the outline or as a separate attachment.

Service

• Serve on the other party on the same day as filing.
• Email service is usually acceptable.
• Bring hard copies to the hearing (court copy plus copies for each party).

Common Mistakes to Avoid

Content errors

• Missing issues — if you don't raise it in the outline, the judge may not consider it.
• New evidence — the outline should reference filed evidence, not introduce new facts.
• No evidence references — every factual assertion must point to a specific affidavit paragraph.
• Vague orders — orders must be specific and enforceable.

Strategic errors

• Too many witnesses — quality over quantity; 2–3 strong witnesses beat 8 weak ones.
• Unrealistic time estimates — judges hold parties to their estimates.
• Not addressing weaknesses — acknowledging weak points shows credibility.
• Ignoring the other party's case — anticipate and address their arguments.

Frequently Asked Questions