Family Law and the Courts in Australia

An experienced family lawyer can provide you with legal advice and representation in family law.  Due to the complex nature of families and family relationships, the family law in Australia can often be complex because it must assists families to resolve a broad range of issues.

Our family lawyers’ primary practice is in family law.  Our lawyers are experienced across family law conflicts including dividing property after separation, pre-nuptial agreements, parenting matters, de facto relationships, child spend time arrangements, spousal maintenance, de facto maintenance, divorce, child support, intervention orders, family violence allegations, and child abuse allegations.

Our family lawyers can provide you with strong legal representation to resolve your family law matter with the least amount of conflict.  Our default family dispute resolution processes are through negotiation and mediation, not the courts.  That being said, if court proceedings become necessary our lawyers are adept at family court proceedings.

Family Law Court Proceedings

Where possible you should avoid court proceedings as they often come with high legal fees, stress and they can often leave the parties feeling worse than when the process began.  That being said, sometimes court proceedings are necessary to resolve conflict, bring fairness to a family law matter, provide transparency, ensure that important issues are given attention, and to resolve complex or serious issues.

Court proceedings have the power to bring the parties on a level playing field before a Judge.  That being said, each party has the responsibility of making their case to the court.  It is not the place of courts in Australia to investigate your circumstances, raise issues under the law, and act for you.  It is up to you to make your case and bring that case to the court.

Court proceedings are governed by special rules to ensure fairness before the court.  In the family law jurisdiction in Australia the court process is assisted by the following laws, regulations, and rules (please note this is not a comprehensive list):

Federal Circuit Court of Australia (Family Law Jurisdiction)

  • Family Law Act 1975
  • Marriage Act 1961
  • Federal Circuit Court Act 1999
  • Federal Court and Federal Circuit Court Regulation 2012
  • Federal Circuit Court Rules 2001
  • Family Law (Fees) Regulation 2012
  • Evidence Act 1995

Family Court of Australia

  • Family Law Act 1975
  • Federal Court and Federal Circuit Court Regulation 2012
  • Family Law Rules 2004
  • Family Law (Fees) Regulation 2012
  • Evidence Act 1995

Family Court of Western Australia (Western Australia Only)

  • Family Law Act 1975
  • Family Court Act 1997
  • Family Court Regulations 1998
  • Family Law Rules 2004
  • Family Court Rules 1998

There are two different levels of courts that hear family law matters in Australia and a separate court in Western Australia. 

  1. The Federal Circuit Court is the lower level jurisdiction.  It has the benefits of reducing legal formality and assisting parties to resolve their case through active case management with the aim of reducing costs and time to resolution of family law matters.
  2. The Family Court is the higher level jurisdiction where the legal standard and complexity are more onerous often resulting in higher fees and longer court proceedings where the court resolves more serious family law issues such as International disputes, child sexual abuse issues, and complex property settlements.
Contact Us for a Free Case Evaluation

If you feel that you are a victim or have a family law issue, it’s important to take steps to protect yourself. To schedule a free case evaluation, complete the form or contact us via chat or phone at 1800 572 417.