Which Court?

The Family Court of Australia, Federal Circuit Court of Australia both deal with family law issues. In some cases, State magistrates Courts may make a Parenting Order. The Court you choose will depend on your legal issue.

Choosing a Court

The Family Court of Australia, the Federal Circuit Court of Australia, the Family Court of Western Australia, and the local or magistrates Courts in each State and territory all have the power to make decisions about family law issues under the Family Law Act 1975.

The Court you choose will depend on:

• the issues.
• the cost.
• where you live.
• the services available.

Most family law cases are now heard in the Federal Circuit Court.

Family Court of Australia

This Court deals with the most complex legal family disputes, including:

• international child abduction.
• international relocation.
• disputes as to whether a case should be heard in Australia.
• special medical procedures such as gender reassignment and sterilisation of children.
• serious allegations of sexual abuse of a child and serious allegations pf physical abuse of a child or serious controlling family violence warranting the attention of a superior Court.
• complex questions of jurisdiction or law.
• a case which is likely to take more than four days if it proceeds to trial.
• contravention and related applications in parenting cases where the Orders have been made in the Family Court of Australia and the Orders were made after a trial or by consent at a final stage of Hearing and when the Orders were made within 12 months of filing the contravention.
• Adoption.
• validity of marriages and divorces.

Before taking a parenting dispute to the Family Court of Australia you will usually need to attend family dispute resolution—some exceptions may apply.

You will also need to participate in pre-action procedures (such as attending family dispute resolution) before going to Court. These steps will help you reach agreement with the other person. Only after these procedures have been followed can you ask the Court to decide your case.

Federal Circuit Court of Australia

The Federal Circuit Court aims to provide a simple and easy place for people to sort out their dispute. The rules and procedures are simpler and less formal than in the Family Court of Australia. This is to try to reduce your costs and the number of times you need to go to Court. There are generally fewer steps between the first and last Hearing.

This Court operates in every State, except Western Australia, for family law issues. The Court also circuits to regional parts of Queensland.

The Federal Circuit Court deals with:

• Parenting Orders.
• locating and recovering children.
• property settlement.
• spousal maintenance.
• child maintenance and child support issues.
• enforcing Orders of the Federal Circuit Court.

Before going to Court you will usually need to participate in family dispute resolution and counselling before a Judge will look at your case—some exceptions may apply.

Information about Court processes and procedures, application forms and self-help kits are available online.

State Magistrates Court

The Queensland Magistrates Courts can deal with some minor family law matters, depending on where you live, such as urgent or interim (short-term) cases about children where there is a domestic violence case being heard.

Some Magistrates Courts may accept applications for Consent Orders. However, applications for Parenting Orders are mostly made in the Federal Circuit Court. You should get legal advice about this before you file an application.

Time limits

Various time limits apply for certain family law matters, for example:

• If you want to apply for divorce, you must have been separated for 12 months.
• If you want to apply for spousal maintenance, you must do so within 12 months of your divorce becoming final, or within 2 years from the date your de facto relationship ended.
• If you have separated and want to apply for de facto property settlement, you must do so within 2 years of the day you separated.
• If you want to apply for property settlement following your divorce, you must do so within 12 months of your divorce becoming final.

There are time limits for Appeals and review.

You should get legal advice on all of the above areas as time limits can be as little as 7 days.

Disclaimer: The material presented on this website is an information source only. The information on this website is written for people resident in, or affected by the laws of Queensland, Australia only. Links to other sites from this website are provided for the users’ convenience. The LGBTI Legal Service does not endorse these sites and is not responsible for the information on these sites or the use made of this information. If you have a specific legal problem, you should consult a professional legal advisor.