Family Court vs Federal Circuit Court
It’s been the hot political topic in Family Law for the last 12 months- ‘what is happening with the Family Court’? Despite all the noise, nothing has changed. So what is the current position?
There are two federal courts that have jurisdiction to deal with family law matters in Australia – the Federal Circuit Court and the Family Court.
Although both courts have jurisdiction to deal with family law matters, there is a specific division of work that dictates which Court a matter should be filed in.
Generally, the following will apply:
- complex property matters
- international child abduction and relocation matters
- questions of whether Australia is the appropriate jurisdiction to hear a matter with international aspects
- special medical procedures
- serious allegations of sexual abuse of a child, or serious allegations of physical abuse or family violence
- if a trial of the matter is likely to exceed 4 days
- divorce applications
Federal Circuit Court
- most parenting matters
- most property settlement matters
It is important when filing proceedings in court that you file in the correct court, as filing in the wrong court may result in unnecessary delays, legal costs and stress to you.
If a matter is in the wrong court, it can be transferred to the other upon application by one of the parties, or the Judge if they consider it needs to be transferred.
The different courts have different court forms, processes and rules and it is important to understand these differences prior to commencing court proceedings, and we recommend you obtain legal advice prior to taking steps in court.
At Michael Lynch Family Lawyers we can help you in all aspects of family law matters. For a fixed-cost no-obligation initial consultation contact Michael Lynch Family Lawyers by calling (07) 3221 4300 or emailing to [email protected]