Family Law

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	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.
		Child Support Agency
		Australia Law Online: Family and Relations

The Federal Circuit 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.

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 Circuit 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 Judge, pursuant to Subrule 2.04 (1a) of the Federal Circuit 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 FCC & 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 Circuit 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
Notice of Child Abuse, Family Violence, or Risk of Family Violence (Form 4)	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 FCC form
Third Party Debt Notice		Approved form	Joint FCoA and FCC form

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Page Updated 18 February 2012