When can a person apply for a final order by trial?

A person can apply for a final order by trial when there is an undefended family law claim. In cases where the other party does not contest or defend the proceedings, the applicant may seek a final order without the need for a trial, as the court can proceed based on the evidence and claims presented by the unopposed party. This situation allows the court to make decisions regarding matters such as custody, support, and division of property based solely on the information provided, often streamlining the process.

In undefended claims, it is assumed that the responding party agrees with the terms as set forth by the applicant, allowing the court to grant a final order without the need for oral evidence or lengthy trials. This efficiency can help reduce the court's backlog and expedite resolution for the parties involved.

In contrast, defended cases require a trial to address disputes arising from the differing positions of the parties. Joint applications involve mutual agreement and typically lead to consent orders rather than necessitating a trial. A scenario where a settlement is not possible indicates that a trial would be needed, but this does not directly relate to the undefended claim context.