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Understanding the Courts: the Federal Circuit and Family Court of Australia

Background

The Federal Circuit and Family Court of Australia (FCFCOA) was previously two separate courts. In 2021, the Federal Circuit Court and the Family Court merged to create the current system. This merger aimed to address concerns with the previous systems, including delays, backlogs, and confusion.

How the Court works now

The merger of these Courts has created a single, more accessible entry point for most family law matters.

There are two divisions to the FCFCOA:

  • Division 1: deals with complex family law matters and appeals

  • Division 2: deals with the majority of family law matters and some federal law matters. It focuses on more straightforward disputes.

What types of matters does the Court deal with?

Family law matters that the Court deals with are governed by the Family Law Act 1975 (Cth).

The FCFCOA deals with a variety of family law issues and applications under this Act including divorce, parenting orders, property division and financial settlements, child support, spousal maintenance and other orders and enforcement of such orders.

However, the Court is not usually your first point of contact for family law issues.

The Court encourages parties to use alternative dispute resolution methods before coming to Court. This is specifically required for applications such as those for a parenting order, where a party must obtain a certificate from a family dispute resolution practitioner (with some exceptions) before proceeding to Court. This gives parties the opportunity to reach an agreement without the need to go to Court, reducing time and costs.

Do you think you need assistance with a family matter?

Our firm can provide you with compassionate assistance in Family Law. We can help you in areas such as navigating pre-nuptial agreements, working through parenting arrangements, dealing with financial matters, addressing property disputes, managing divorce and assisting with mediation.

Contact us today to get more information and assistance.

This article is general information only and does not constitute legal advice. If you have a specific legal matter, please contact our office to arrange a consultation.