Prior to the amendments made to the Family Law Act 1975 (Cth) in 2021, Family Law matters were determined by one of the following two Courts:
- The Federal Circuit Court of Australia; or
- The Family Court of Australia.
Of the two Courts, the Family Court was reserved for more complex matters. In addition, parties previously had the choice as to which Court they would prefer to commence proceedings in however, this choice is no longer available.
The Federal Circuit and Family Court of Australia
1 September 2021 marked the merger of the two Courts – forming the Federal Circuit and Family Court of Australia, comprising two divisions:
- Division 1 – a continuation of the Family Court of Australia;
- Division 2 – a continuation of the Federal Circuit Court of Australia.
All proceedings must be (and are automatically) commenced in Division 2.
In Division 1, the judicial officers which hear matters are called ‘Justices.’
In Division 2, the judicial officers which hear matters are called ‘Judges.’
Transfers from Division 2 to Division 1 occur when the matter is more complex, there are more than two parties (meaning the final hearing time will likely be greater than four days) and other issues where the expertise of a Division 1 Justice (and the resources made available to them) is more suitable.
In parenting matters, a proceeding will typically transfer to Division 1 if it’s sufficiently complex. For example, international relocation or serious allegations of abuse and/or violence.
Otherwise, Division 1 has original jurisdiction for:
- Appeals;
- The accrued jurisdiction under the Corporations Act;
- Hague convention matters.
Need guidance with your Family Law matter?
If you’re navigating a Family Law issue, understanding how the court system works is crucial. Contact our Family Law team for help understanding your options.
