Family Law: Family Court vs Federal Circuit Court

The court system for Family Law is very complex, with its jurisdiction split between state and federal courts (jurisdiction just means who has the authority to hear your case).

 The majority of family law matters will be heard in federal courts (ie. Courts which hear cases from all over Australia). There are two principal federal courts which handle family law.

• Family Law Court of Australia: The Family Law Court of Australia was set up in 1976 and was the first court to deal solely with Family Law matters under the new legislation introduced in 1975. Now, the Family Law Court tends to deal with complex family law matters relating to children, property, spousal maintenance, child maintenance, child abduction, contravention of orders and the list goes on!
• Federal Circuit Court: The Federal Circuit Court was initially set up as a catch-all court. The Federal Circuit Court tends to hear the more general, less complex matters from a range of areas of law, including family law, immigration and bankruptcy. In family law, divorces can only be lodged through the Federal Circuit Court. This court does not handle consent orders.

 The majority of family law matters are dealt with by these courts. In very limited circumstances, NSW courts may also get involved. However, this usually only happens if there are allegations of child abuse or similar because child protection law is a state matter rather than a federal matter.

 If you have a family law matter, concerns about your finances in light of a family law property settlement questions about family law and separation in NSW and want to find out more please do not hesitate to contact us on 9688 6023 or email us at info@franklegal.com.au.

 This article is provided to the reader for general information. It is not legal advice. It was written by Andrea Spencer & Emily Graham and edited by James Frank.

More from the blog:

Family Law: The Cost of Going to Court - Court Fees

Family Law: Attending Court for the First Time

Family Law Property Settlement, Family Law Property Settlement in NSW, Court, Reaching a Conclusion, Dispute Resolution