Home, Search, Index, Site Map, Top

    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

    • ‘New De facto Property Regime: Property division when de facto relationships break down – new Commonwealth law for separated couples’ Attorney-General’s Department

    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 2 July 2007

    Family Law

    Initiating Application (family law)

    Subrule 4.01(1)

    Approved form

    Joint FMC & FCoA pilot form

    What else is filed?
    If the application is for an order in relation to a child pursuant to Part VII of the Family Law Act 1975, either a certificate from a registered family dispute resolution practitioner, or if applying for an exemption, an affidavit. Affidavit - Non-Filing of Family Dispute Resolution Certificate may be used. See Compulsory Family Dispute Resolution – court procedures and requirements fact sheet.

    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

    Form 45: Notice requiring financial information

    Subrule 25B.05(2)

    Approved form identified by that number, or by that number and letter

     

    Form 46: Enforcement summons

    Subrule 25B.05(2)

    Approved form identified by that number, or by that number and letter

     

    Family Law Links

    Divorce Forms,

    Family Law Forms,

    Family Law Courts Publications,

    Fees

    See also

    Family Law Courts,

    Family Court of Australia,

    Family Court of Western Australia
    Family Court of Western Australia has family law jurisdiction in Western Australia.

    Australia Law Online: Family and Relationships

    Menu
    Administrative Law, Admiralty Law, Bankruptcy, Child Support, Consumer Protection and Trade Practices, Copyright, Family Law, Human Rights, Industrial Law, Migration, Missing Children, Privacy, Specialist Panels,

    About Us, Contacts, Circuits, Court Lists, Dispute Resolution, Fees, Forms, Areas of Law, Judgments, Legislation, Links, New Jobs, Practice Directions, Publications

    ABN 60 265 617 271
    Our assistance phone line is 1300 352 000
    Our E-mail address for family law enquiries (including divorce) is enquiries@familylawcourts.gov.au 
    Our E-mail address for general federal law enquiries is customer.service@fmc.gov.au,
    Disclaimer, Privacy Statement, Site Instructions, Translations,
    © Copyright Federal Magistrates Court of Australia
    Page Updated 28 February 2009