We get it. The law can be confusing. This is especially the case when you get bounced around from court to court throughout the course of your family law matter. However, there are some very good reasons for why the Australian legal system is made up of a diverse array of courts. Read on to find out why this is so and what it means for you.
Why are there so many different courts?
Well, the simple answer to that is efficiency. We know you don’t believe us at this point, but let us explain. Just as it is a better option for you to choose a Family Law Lawyer to deal with your family law matter instead of a Corporate Lawyer, it is better to have a specialised court system than one court for every single matter in Australia. A specialised family court system streamlines the system and ensures applicants to the court have access to the most knowledgeable authorities in family law.
What is the difference between the Family Law Court of Australia and the Federal Circuit Court?
Primarily, there are two courts you may come into contact with in a Family Law matter.
The Family Law Court of Australia was established before the Federal Circuit Court of Australia and deals with more complex family law matters. Generally, the Family Law Court of Australia deals with parenting cases and cases with complex financial considerations. For example, a separating couple who own multiple companies, shares and investment holdings which must be divided in a property settlement would likely go to the Family Law Court of Australia.
In contrast, the Federal Circuit Court was established at a later date to streamline the court process for applicants with less complex cases. It aimed to relieve the workload of the Federal Court of Australia and the Family Law Court of Australia. This court is not limited to Family Law cases. However, in the context of Family Law, it tends to deal with divorce applications, spousal and de facto maintenance, parentage claims, recovery orders and the simpler parenting or property matters.
What does this mean for me?
Nothing, really. It is important to know the difference between these courts for your own peace of mind throughout the process. However, your lawyer will be well practised at this and will have all the court processes down to a fine art. They will know which court is right for you.
To find out more about the role of a family lawyer, family law, family law lawyers, the court system and family law property settlement, please contact James Frank for further advice at jfrank@franklegal.com.au or 02 9688 6023 or click the button below.
This article is provided to the reader for general information. It is not legal advice.It was written by Emily Graham & Andrea Spencer and edited by James Frank.
5 Tips To Prepare For Your First Family Law Conference
A Brief Summary on Family Law Property Settlement