Family Law Court and the Federal Circuit Court what is the difference?
In Australia, there are two courts your family law matter can be heard in, the Family Court of Australia and the Federal Circuit Court of Australia.
In which court should my family law matter be dealt with?
Deciding which court your matter should be heard in will depend on the complexity of your matter.
What kind of matters does the Family Court deal with?
The Family Court of Australia, through its specialist judges and staff, assists parties to resolve the most complex legal family disputes. These may include:
In parenting cases involving:
In financial cases involving:
What is the Magellan Program in the Family Court?
The Magellan program was developed to deal with Family Court cases involving serious allegations of physical and sexual child abuse.
Early steps in a Magellan case include:
For more information please see: http://www.familycourt.gov.au/wps/wcm/connect/fcoaweb/family-law-matters/family-violence/child-abuse-allegations/
What are the procedural differences between the two courts?
Rules and Court Documents
The Federal Circuit Court was established to assist the Family Court in relieving the workload so that the Family Court may allocate more time to consider complex family law matters. Therefore, the Federal Circuit Court deals with a higher number of cases and is governed by the Federal Circuit Court Rules (2001) whereas the Family Law Rules (2004) govern the Family Court. Accordingly, there are different sets of rules and forms to complete depending on which court your matter is heard in. Court forms can be found at http://www.federalcircuitcourt.gov.au/wps/wcm/connect/fccweb/forms-and-fees/court-forms/form-topics and http://www.familycourt.gov.au/wps/wcm/connect/fcoaweb/forms-and-fees/court-forms/form-topics
Need help? Contact our team
Pearsons are the expert family lawyers in Melbourne. If you are unsure which court to file your Family Law Application in or you believe you may have filed in the wrong court, our team can assist you. Feel free to contact our office on 1300 699 688.