Court Procedures

There are three courts which have jurisdiction under the Family Law Act. The reference to Court usually means the Federal Magistrates' Court or the Family Court.

Magistrates' Courts (Victorian)

Proceedings in the Magistrates' Court can finalise a relatively straight-forward case quickly. However the Magistrates' Court cannot handle divorces, or contested children or property cases where the value of the property is more than $20,000.

It is possible for Magistrates to make interim orders on parenting or financial matters and then transfer the case to the Family Court or the Federal Magistrates' Court.

Federal Magistrates' Courts

This Court has jurisdiction in nearly all Family Law disputes. If a case is "complex" it will be transferred from this Court to the Family Court. The procedures are simpler and the time and cost expended to finalise cases is generally less than in the Family Court.

Family Court

The Family Court has jurisdiction in all Family Law disputes.  READ MORE