If you are currently dealing with a family law matter that needs to go to Court, which one should you look to?
The Federal Circuit Court of Australia
The Federal Circuit Court of Australia is an independent Court under the Australian constitution and is constituted by the Chief Judge and judges as appointed under section 8 of the Federal Circuit Court of Australia Act 1999 (Cth). The primary objective of establishing this Court was to provide a simple and accessible alternative to litigation in the Family Court.
It hears approximately 80% of family law matters including parenting, financial, divorce and child support cases. However, this Court also has the jurisdiction to hear matters pertaining to legal issues such as bankruptcy, copyright, migration and trade practice. One of the benefits of having your matter heard in this court is the direction from the Federal Circuit Court of Australia Act 1999 to ensure the Court operates informally and uses streamlined procedures. This has the effect of providing, generally, a cheaper and quicker litigation process.
This court tends to deal with less complicated matters than its partner, the Family Court.
The Family Court of Australia
The Family Court of Australia hears a smaller percentage of family law cases but tends to deal with the most complex of parenting and financial cases such as child welfare agency allegations of sexual abuse or serious physical abuse, international child abduction under The Hague Convention and complex mental health issues.
In regards to financial matters, the Family Court of Australia will hear a case if it involves more than two parties, complex questions of law and complicated valuations of trusts and corporate structures.
If you have a family law matter, and you believe it is a matter for one of these Courts, contact us on 02 8917 8700 or fill out the enquiry box and we will get back to you ASAP.