The Federal Circuit and Family Court of Australia

On 1 September 2021, the Family Court and the Federal Circuit Court of Australia merged to become the Federal Circuit and Family Court of Australia (FCFCoA). The media release from the harmonised Court indicates the aim is to establish a consistent national case management system that is efficient, fair, and focuses on the safety of children and vulnerable litigants.

The amalgamation of these courts:

  • places a greater focus on the determination of conflicts through Alternative Dispute Resolution practices;
  • presents a greater focus on settlement prior to commencing proceedings, and if parties proceed with litigation, ensuring that they are aware of the implications for their families and the costs associated with proceedings;
  • provides greater uniformity with family law rules and practice directions for different areas of the Court.

The FCFCoA is divided into two divisions with the allocation of cases decided at a single point of entry:

  • Division 1 (a continuation of the Family Court of Australia), dealing with complex family law matters and appellate matters. This Division will also hear matters transferred from Division 2.
  • Division 2 (a continuation of the Federal Circuit Court of Australia), dealing with family law, migration, and other general federal law matters.

The FCFCoA system introduces a National Contravention List that efficiently deals with breaches of court orders in a time effective and cost efficient process. The List will impose penalties for non-compliance with Court Orders and facilitate the resolution of issues in dispute in a constructive manner.

For further information on how the new court process affects you, please contact the Ward Keller Family Law team. We are committed to assisting you to resolve your family law matters in the most cost effective and efficient manner. We offer private Family Dispute Resolution services, and are able to represent you at, or assist you to prepare for, property and parenting mediations.

Phone: (08) 8946 2982

Please click here to download the above in PDF Format.

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