Introduction

Understanding the structure of Australia's court system is essential for fathers navigating family law matters. The court system is hierarchical, with different courts having different jurisdictions and powers. This guide explains how the courts are organized and which court handles what types of family law cases.

Australian Court Hierarchy

Australia has a complex court system with both federal and state courts. For family law matters, you'll primarily deal with federal courts.

High Court of Australia

Role: Final court of appeal for all Australian courts

Family Law: Hears appeals on significant legal questions only

Location: Canberra (with some sittings in capital cities)

Federal Court of Australia

Role: Appeals from Family Court and Federal Circuit Court

Family Law: Hears appeals and some complex original matters

Location: Major cities across Australia

Family Court of Australia

Role: Specialized family law court for complex matters

Family Law: Complex parenting, property, and divorce cases

Location: Adelaide, Brisbane, Melbourne, Perth, Sydney

Federal Circuit and Family Court (Division 2)

Role: Handles majority of family law matters

Family Law: Most parenting, property, and divorce applications

Location: Courts across Australia

Recent Changes to Court Structure

In 2021, significant changes were made to the federal family law courts:

  • The Federal Circuit Court was renamed to Federal Circuit and Family Court of Australia
  • The Family Court of Australia became Division 1 of the new structure
  • The former Federal Circuit Court became Division 2
  • These changes aimed to improve efficiency and reduce delays

Jurisdiction and Powers

Federal Circuit and Family Court (Division 2)

Handles:

  • Most divorce applications
  • Straightforward parenting matters
  • Property settlements under $750,000
  • Child support appeals
  • Simple spousal maintenance cases
  • Consent orders

Family Court of Australia (Division 1)

Handles:

  • Complex parenting cases (family violence, child abuse allegations)
  • International child abduction cases
  • Complex property settlements over $750,000
  • Cases involving significant legal complexity
  • Appeals from Division 2
  • Contempt proceedings

Which Court Should You Use?

The choice of court depends on several factors:

Complexity of Your Case

  • Simple matters: Division 2 (Federal Circuit and Family Court)
  • Complex matters: Division 1 (Family Court)
  • Urgent matters: Either court can hear urgent applications

Value of Property

  • Under $750,000: Usually Division 2
  • Over $750,000: May be transferred to Division 1
  • Complex structures: Division 1 regardless of value

Special Circumstances

  • Family violence: May be heard in Division 1
  • Child abuse allegations: Usually Division 1
  • International elements: Division 1
  • Appeals: Next level up in hierarchy

Court Locations and Accessibility

Major Court Locations

City Division 1 (Family Court) Division 2 (Federal Circuit)
Sydney Yes Yes
Melbourne Yes Yes
Brisbane Yes Yes
Perth Yes Yes
Adelaide Yes Yes
Regional Centers Limited Yes

Regional and Remote Access

  • Circuit courts visit regional areas regularly
  • Video conferencing available for some hearings
  • Telephone hearings for procedural matters
  • Online filing systems for applications

Specialized Courts and Tribunals

State Family Violence Courts

  • Handle intervention orders and family violence matters
  • Work alongside federal family courts
  • Different procedures in each state

Children's Courts

  • Deal with child protection matters
  • Separate from family law courts
  • Can impact family law proceedings

Administrative Appeals Tribunal

  • Reviews child support decisions
  • Reviews Centrelink decisions affecting families
  • Separate from court system

Court Personnel

Judges

  • Family Court Judges: Handle complex Division 1 matters
  • Federal Circuit Judges: Handle Division 2 matters
  • Registrars: Handle procedural and consent matters

Support Staff

  • Family Consultants: Prepare family reports
  • Court Counselors: Provide counseling services
  • Registry Staff: Assist with filing and procedures

Appeals Process

From Division 2 to Division 1

  • Appeals on questions of law
  • Appeals with leave on questions of fact
  • Time limits apply (usually 28 days)

From Division 1 to Federal Court

  • Appeals on questions of law only
  • Leave required for most appeals
  • Strict time limits

From Federal Court to High Court

  • Special leave required
  • Only matters of significant legal importance
  • Very few family law cases reach this level

Practical Considerations

Filing Your Application

  • Most applications start in Division 2
  • Court may transfer complex cases to Division 1
  • You can request transfer if appropriate
  • Consider travel and costs when choosing location

Legal Representation

  • More complex courts may require legal representation
  • Self-representation more common in Division 2
  • Legal aid availability varies by court and case type

Costs and Timeframes

  • Division 2 generally faster and less expensive
  • Division 1 cases take longer but handle complexity better
  • Filing fees same across both divisions
  • Consider total costs including travel and accommodation

Need Help Navigating the Court System?

Understanding which court to use and how to navigate the system can be complex. Get professional guidance for your specific situation.

Get Legal Advice

Legal Disclaimer

This information is for educational purposes only and should not be considered legal advice. Court structures and procedures can change, and the appropriate court for your matter depends on specific circumstances. Always consult with a qualified family law professional to determine the best approach for your case. DadAssist makes no warranties about the accuracy or completeness of this information.