Federal Magistrates Court of Australia

    Family Law

    The Federal Magistrates Court has jurisdiction under the Family Law Act 1975 and can hear and determine:

    Applications for orders to resolve parenting and financial disputes

    Applications for orders regarding the parenting and maintenance of children to a marriage or de facto relationship.

    Applications for financial orders, including division of property and maintenance of a party to a marriage or eligible de facto relationship.

    For further information on the Court’s jurisdiction in relation to financial disputes following the breakdown of a de facto relationship and to see if you are eligible to apply, see the following fact sheet

    Applications for divorce

    All applications for divorce, but not applications for nullity or validity of marriage.

    Click here for further information about divorce (clicking on this link will take you to the Family Law Courts web site)

    Contravention applications

    An application alleging a breach of an order of a court exercising jurisdiction under the Family Law Act 1975.

    Applications for injunctions

    An application for an injunction in proceedings that have been, or will be, started in the Federal Magistrates Court.

    Superannuation

    The Family Law Act 1975 enables superannuation interests to be treated as property and for superannuation interests to be divided following the breakdown of a marriage or de facto relationship. For more information about superannuation and family law see Family Law Courts Fact Sheet, Family law and superannuation (clicking on this link will take you to the Family Law Court’s website)

    If you are making an application for orders for property settlement and you have a superannuation interest you may be required to complete a Superannuation Information Form. See Superannuation Information Kit (clicking on this link will take you to the Family Court web site)

    Forms approved by the Chief Federal Magistrate, pursuant to Subrule 2.04 (1a) of the Federal Magistrates Court Rules 2001 – from 11 July 2011

    Family Law

    Initiating Application (family law)
    (Varied to include de facto provisions from 1 March 2009

    Subrule 4.01(1)

    Approved form

    Joint FMC & FCoA pilot form

    What else is filed?
    Supporting Affidavit

    If parenting then also:
    s.601 certificate, or, if seeking exemption by way of, either:

    • the affidavit filed with application pursuant to Rule 4.05 Federal Magistrates Court Rules 2001; or
    • the pro-forma affidavit approved for use pursuant to the Family Law Rules 2004 Affidavit – Non-Filing of Dispute Resolution Certificate

    If the factual basis for the exception is included in the affidavit filed pursuant to Rule 4.05, there will need to be some identification of those paragraphs to assist the Registrar in making a determination.

    If property then also:
    Financial Statement or Affidavit of financial circumstances (Rule 24.02(1))
    Superannuation Information Form (if applicant has a superannuation interest) (Rule 24.02(2))

    Response

    Subrule 4.03(1)

    Approved form

    As previously prescribed in Part 1 of Schedule 2 of the Rules

    Form 4: Notice of Child Abuse or Family Violence

    Schedule 3, Part 1
    Subrule 2.04(1) Family Law Rules 2004

    Approved for use

    FCoA form

    Financial Statement

    Paragraph 24.02(1)(a)

    Approved for use

    FCoA Form
    Also note paragraph 24.02(1)(b) which allows for an affidavit of financial circumstances

    Application - Contravention

    Subrule 25B.02(1)

    Approved for use

    FCoA form

    Superannuation Information Form 

    Subrule 24.02(2)

    Approved for use

    FCoA form

    Application – Draft Consent Parenting Orders and allegations of abuse or family violence

    Rule
    13.04A

    Approved for use

     

    Enforcement Warrant – Seizure & Sale of Property

    Rule 25B.22

    Approved form

    Joint FCoA and FMC form

    Third Party Debt Notice

    Approved form

    Joint FCoA and FMC form

    Family Law Links