Family Law
The Federal Magistrates Court of Australia (the Court) is the nation’s largest court dealing with both family law and general federal law matters. The Court’s rules and procedures are generally less formal, making the Court accessible to the community. The Court’s procedures provide for cases to be completed in a timely and cost efficient manner.
Jurisdiction
In family law, the Court shares jurisdiction with the
Family Court of Australia (the Family Court). The
Court can hear most types of family law matters,
and deals with the majority of divorce applications
(with the exception of Western Australia). The
Court’s family law jurisdiction covers:
- Parenting – an order regarding the child/ren of a marriage or de facto relationship that has broken down.
- Financial – an order relating to the division of property or payment of maintenance following the breakdown of a marriage or eligible de facto relationship.
- Divorce – all applications for divorce, except
orders relating to nullity and validity of
marriage and divorce.
- Child Support – certain applications and
appeals. For more information, see the
brochure ‘Child Support Applications’.
- Child Maintenance – an order for child
maintenance in special circumstances.
- Parentage declarations and testing – an order
declaring that a person is a parent of a child/ren
or to assist in determining the parentage of a
child/ren.
- Contravention – an application alleging a
breach of a court order.
- Injunctions – an application for an
injunction in a current or pending matter.
- Location and recovery – an order for
information or the ability to publish
information about a child/ren’s location or
the return of a child/ren to a party.
Dispute Resolution
The Court encourages parties to use dispute
resolution services to resolve their disputes. Dispute
resolution provides parties with an opportunity
to reach an agreement without the need for a
court order. Dispute resolution services include
family counselling, family dispute resolution and
conciliation. For more information, see the fact
sheet ‘Dispute Resolution in Family Law Proceedings’.
Before filing an application for a parenting order,
a party (the applicant) must obtain a certificate
from a family dispute resolution practitioner.
There are, however, certain exceptions which are
outlined in the brochure ‘Compulsory Family
Dispute Resolution – court procedures and
requirements’. If the applicant does not file a
certificate or fall within one of the exceptions,
the Court cannot accept the application.
Forms
To apply for orders in the Court, the applicant
must file:
A party (the respondent) who wants to respond to
an order should file:
Note – different forms are required for divorce
and contravention applications.
The Court’s forms are available at www.fmc.gov.au (under Forms) or call 1300 352 000 to request the
forms.
Fees
The Court’s fees are set by Federal Government
regulations. The Court’s fees are listed at
www.fmc.gov.au (under Fees) or call 1300 352 000 for details. In some cases fees do not apply; for
example, if a person holds certain government
concession cards or can demonstrate financial
hardship.
Rules
The rules of the Court are set out in the Federal
Magistrates Court Rules 2001 (the Rules). The
Rules reflect the Court’s less formal approach to
matters. It is intended the practice and procedure
of the Court is governed principally by these Rules.
To view the Rules go to www.comlaw.gov.au.
Costs
Generally, parties who are involved in family law
matters pay their own legal costs; see section 117
of the Family Law Act 1975. There are certain
exceptions to this provision. The Court may order
one party to pay the legal costs of another party
(known as party-party costs). The rules about
party-party costs are set out in Part 21 of the Rules.
The Court is not responsible for overseeing private
fee arrangements between a lawyer and client
(known as solicitor-client costs). If a client wants
to dispute the fees charged by their lawyer, they
need to contact the Legal Services Commissioner/Ombudsman in their State or Territory.
Appeals
If a party wants to appeal a decision of a federal
magistrate, they must lodge their appeal in the
Family Court within 28 days of the decision.
An appeal is not a re-hearing of the original
dispute, it is an examination of whether a federal
magistrate made an error of law. For more
information about appeals, see the Family Court
brochure ‘Appeal procedures – from decision of
Federal Magistrates’.
Working in regional locations
The Court is committed to providing accessible
and timely justice to all Australians irrespective
of geographical location. To this end, the Court
sits regularly (circuits) in many regional and rural
areas across Australia. The Court’s circuit schedule
is available at www.fmc.gov.au (under Circuit
Schedules) or call 1300 352 000 for details.
Location and contacts
The Court shares its registry and telephone
information services with the Family Court
(known as the Family Law Courts).
National Enquiry Centre – 1300 352 000
ACT
- Cnr University Ave & Childers St
Canberra ACT 2600
NSW
- 463 Kiewa St Albury NSW 2640
- Cnr Macquarie & Wingewarra Sts Dubbo
NSW 2830
- 29-31 Molesworth St Lismore NSW 2480
- 61 Bolton St Newcastle NSW 2150
- 1-3 George St Parramatta NSW 2150
- 97-99 Goulburn St Sydney NSW 2000
- 43 Burelli St Wollongong NSW 2500
NT
- Centrepoint Building Hartley St Alice
Springs NT 0870
- 80 Mitchell St Darwin NT 0800
Qld
- 119 North Quay, Brisbane Qld 4000
- 104 Grafton St Cairns Qld 4870
- 46 East St (cnr Fitzroy St) Rockhampton
Qld 4700
- 143 Walker St Townsville Qld 4810
SA
- 3 Angas St Adelaide SA 5000
Tas
- 39-41 Davey St Hobart Tas 7000
- Cnr Brisbane & George Sts Launceston
Tas 7250
Vic
- 53-55 Robinson St Dandenong Vic 3175
- 305 William St Melbourne Vic 3000
This fact sheet provides general information only and is not provided as legal advice. If you have a legal issue, you should contact a lawyer before making a decision about what to do or applying to the Court. The Federal Magistrates Court of Australia cannot provide legal advice. |
