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Choosing a court

The Family Court of Australia, the Federal Magistrates Court and local/magistrates’ courts in each state and territory all have the power to make decisions under the Commonwealth Family Law Act 1975.

Your choice of court depends on:

  • the issues
  • the cost
  • where you live
  • the availability of services.

Family Court of Australia

The Family Court of Australia can deal with:

  • parenting orders
  • location (finding) and recovery (returning) of children
  • property settlement for couples who are or were married
  • partner maintenance
  • child maintenance and child support
  • some special issues related to children
  • validity and nullity of marriage
  • enforcement of orders.

Before you take a parenting dispute to the Family Court of Australia, in most cases you must participate in family dispute resolution unless exceptions apply. You also need to participate in pre-action procedures for property cases. These are steps the court requires you to take to help you reach agreement with the other person. Only after these procedures have been followed can you ask the court to decide your case. See ‘Family dispute resolution’ (link below).

The first step in the court process is usually a case assessment conference, which focuses on helping you to sort out your dispute. You may then see a family consultant for disputes relating to children and a conciliation conference for property. You may be required to go to family dispute resolution outside the court if you are applying for a parenting order. There are exceptions to this, for example where there is family violence, child abuse or in situations of urgency.

The court, and some legal aid commissions, run information sessions. You can go even if you have not started court proceedings. The sessions are free, informal and off the record (will not be used against you in court). Written information on court processes and procedures, application forms and self-help kits are available from the court and its website (link below).

Federal Magistrates Court of Australia

The Federal Magistrates Court of Australia court operates in every state except Western Australia for family law matters.

The Federal Magistrates Court can decide the same cases (including making divorce orders) as the Family Court of Australia, except for:

  • those deciding the legality of a marriage
  • some special children’s cases.

The Federal Magistrates Court does not accept consent order applications, but can make consent orders after one party has filed an application with the court.

The aim of the Federal Magistrates Court is to provide an easier way for people to sort out their dispute. The rules and procedures are simpler and less formal than in the Family Court of Australia. This is to try and reduce your costs and the number of times you need to go to court. There are generally fewer steps between the first and last hearing.

As in the Family Court of Australia, there is a strong emphasis on family dispute resolution and counselling before a federal magistrate will look at your case. You must participate in family dispute resolution before you can apply for a parenting order, although there are some exceptions to this. See 'Dispute resolution & parenting orders' (link below). 

Local magistrates’ courts

In some parts of Australia, state or territory-based courts deal with some aspects of family law cases, such as:

  • urgent or interim (temporary) cases in relation to children – if each person involved agrees, the court can make final orders relating to children
  • property of a marriage if its value does not exceed a certain amount – if each person involved agrees, the court can decide a case where the property value is more than the specified amount.
  • child maintenance and child support.

Most local magistrates’ courts will accept applications for consent orders. The local magistrates’ courts also have the power under state laws to make orders in cases of family violence.

More information

Dispute resolution & parenting orders

Family dispute resolution

Following court rules

Related publications

How to run your family law case

You and family law: a short guide

Related websites

Family Law Courts (new window)

How we can help

Call Victoria Legal Aid’s (VLA) Legal Information Service for free information over the phone about the law and how we can help you with your legal problem. You can speak to a legal information officer in English or ask for an interpreter. Phone (03) 9269 0120 or 1800 677 402 (country callers), Monday to Friday from 8.45 am to 5.15 pm.

VLA’s other free legal services include:

  • advice at VLA offices and other locations across Victoria
  • lawyers who are on ‘duty’ to help at many courts and tribunals.

For some family law matters we can provide you with a lawyer to help you run your case.

To find out more about any of our legal services see What we do.