There are a range of drug and alcohol support services that can assist you at this difficult time. This page provides contact details of national support services, including counselling and outreach organisations.

Crisis support

Lifeline

13 11 14

Beyond Blue

1300 224 636 or Online chat

Alcohol Drug Information Service

1800 250 015

Alcoholics Anonymous

1300 222 222

Family Drug Support Australia

1300 368 186

Kids Help Line

1800 551 800

Counselling service and outreach organisations

National Alcohol and Other Drug Hotline

1800 250 015

Alcohol and drug counselling online

Drug and Alcohol Services Australia

Lives Lived Well

1300 727 957

Separation, divorce and coming to court can be a highly stressful time and it affects people in different ways. Stress, anxiety, depression and other forms of mental illness are common.

This page details a list of national organisations and other resources that may provide support.

Crisis support

Lifeline 
13 11 14

Beyond Blue 
1300 224 636 or Online chat

Suicide Call Back Service 
1300 659 467

Kids Help Line 
1800 551 800

Resources

Australian Child and Adolescent Trauma, Loss and Grief Network 
A network linking people across Australia concerned with the trauma, loss and grief experiences of children and adolescents.

Beyond Blue (the national depression initiative)
Provides national leadership to increase community awareness, prevention and early intervention of depression and related illnesses.

Black Dog Institute 
A not-for-profit, educational, research, clinical and community-oriented facility offering specialist expertise in depression and bipolar disorder.

Children of Parents with a Mental Illness 
Promotes better mental health outcomes for children whose parents have a mental illness.

Clinical Research Unit for Anxiety and Depression
Information and research on anxiety and depression for consumers and doctors.

Headspace (National Youth Mental Health Foundation)
Provides health advice, support and information to young Australians aged 12–25.

Head to Health 
National digital mental health online portal.

healthdirect 
A national, government-owned, not-for-profit organisation who supports Australians in managing their own health and wellbeing through a range of online health services.

Kids Help Line 
Provides a free 24 hour national telephone and online counselling service for young people aged between 5 and 25 in Australia.

Lifeline Australia 
The peak body for Lifeline Centres which provide telephone counselling, and information, referral and associated services in local areas.

Mental Health in Multicultural Australia
Provides a national focus on mental health and suicide prevention amongst Australians from culturally and linguistically diverse backgrounds.

MindSpot clinic 
A national clinic that provides free online and telephone assessment and treatment for Australian adults with stress, worry, anxiety, low mood or depression.

National Mental Health Consumer and Carer Forum 
The national voice for consumers and carers participating in the development of mental health policy and sector development in Australia.

ReachOut.com 
A youth mental health service providing practical tools, forums and information in a safe and anonymous online environment.

SANE forums 
Provides peer support for people living with a mental illness or related mental health issues, and for family, friends and other carers.

We understand that navigating court proceedings together with parenting can be a stressful time. This page provides a list of national resources to help you through this difficult time.

Crisis support

• Lifeline:  13 11 14
• Beyond Blue:   1300 224 636 or Online chat 
• Suicide Call Back Service:  1300 659 467
• Kids Help Line:  1800 551 800

Resources

• Family Relationship Advice Line: 1800 050 321
• Family Advocacy and Support Service | Family Violence Law Help
• Raising Children
• Australian Government Department of Social Services | Families and Children
• The Benevolent Society: 1800 236 763

Separation is the ending of an intimate partner relationship, including the end of a marriage or de facto relationship. It is often a difficult time; it can be stressful, and you may feel unsure about what to do next.

If you have separated recently, you and your former partner will need to make some immediate decisions about practical issues concerning your children and/or your assets like property and debts. Some of the things you might need to consider are:

• where your children live and who will take care of them
• how you and your former partner will support yourselves and your children
• what, how and when you will tell the children, other family members and friends
• who will pay outstanding bills or debts
• who will stay in the house
• how will the rent or mortgage be paid
• what will happen to any joint bank, building society or credit union accounts, and
• what will happen to the house, car, furniture and other property.

You may not be able to agree on all these things at the time of separation, but if it is safe to do so, it can greatly help you and your family if you try to reach a temporary agreement.

You can contact the Family Relationship Advice Line, a Family Relationship Centre, or other community-based services for help to reach an agreement.

Family Relationship Advice Line

1800 050 321

www.familyrelationships.gov.au

You can separate smarter

Where it is safe to do so, you can take ownership of your dispute. Whether you agree, partially agree or don't agree at all. You can mediate at any stage, as many times as you need. It is time we started thinking differently about family law disputes.

Most people don't need to come to court to make arrangements for their children or dividing property and finances after separation.

While you do need to apply to the Court for a Divorce order (to end your marriage), there is no need for parenting and/or financial arrangements to be decided by a court - unless it is not safe to make your own agreement, or after making a genuine attempt to resolve your dispute, you still cannot agree.

Going to court is expensive, time consuming and stressful, and you may not get the result you want.

When it is safe - there is a better way to separate.

An AUSLAN version of this video is also available.

Getting help to resolve your dispute

Court proceedings should be a last resort. The Court expects people to make genuine attempts to engage in dispute resolution, to avoid the time, cost and stress associated with litigation.

Dispute resolution refers to a range of services designed to help you resolve disputes arising from separation or divorce and improve your relationship with the other party/s. There is an expectation that you will attempt to resolve your dispute by compromise, discussion and dispute resolution, if it is safe to do so. Even if you do start court proceedings, in most cases, you must demonstrate that you have taken genuine steps to resolve the dispute.

For more information about options and assistance to resolve your dispute, see Get help - Dispute Resolution.

Looking after yourself

Separation is a big change. It can be a difficult time for you, your children, and your former partner. Looking after yourself and recognising when you might need a bit of extra help and support is important. If you are feeling stressed, see the brochure Separation and stress.

For more information about help and support, see Get help – Support services.

Family violence and your safety

The Court places children, litigants and their safety at the heart of the process. For some families, it may be unsafe to resolve their disputes without the help of the Court process and court orders. Remember, there are people who can help you.

If you are experiencing family and domestic violence you can get help and support. See Get help – Family violence or visit the Family Violence Law Help website, which provides information about domestic and family violence and the law in Australia.

Family Violence Law Help

https://familyviolencelaw.gov.au/

If you are in immediate danger call 000

 

Further reading

Pre-Action Procedures: What to do before you file your family law application

Are you thinking about filing a family law application in the Court? This checklist brochure takes you through the steps or ‘pre-action procedures’ you need to complete before you do so. These steps will ask you to try and resolve issues with the other party using Dispute Resolution, if it is safe to do so.

Family Relationships Online and Advice Line

The Family Relationship Advice Line is a national telephone service that helps families affected by relationship or separation issues, including information on parenting arrangements after separation. It can also refer callers to local services that can provide assistance.

Family Relationships Advice Line

• 1800 050 321
• Call +61 7 3423 6878 if you are overseas

Family Relationships Online provides information to help strengthen family relationships, help families access other services, and provides confidential assistance for separating families, for example, family dispute resolution.

Family Relationships Online

• www.familyrelationships.gov.au
• Call 1800 050 321

You are not required to be represented by a lawyer, or to seek legal advice, before entering into consent orders or applying to the Court, or if you have been served with an application. However, family law is complex, and it is advisable to obtain legal advice before you make a decision about what to do or apply to the Court.

A lawyer can help you understand your legal rights and responsibilities. They can also explain how the law applies to your case.

You can get legal advice from a:

• legal aid office
• community legal centre, or
• private law firm.

Court staff are not permitted by law to give you legal advice and cannot refer you to a private lawyer.

You will be expected to follow the Court’s rules and procedures, even if you are representing yourself.

What is a litigation guardian?

A litigation guardian is a person who acts on behalf of a party when that party is unable to conduct their own litigation due to mental or physical disability. A litigation guardian stands in the place of the party and makes all the decisions about the conduct of the proceedings.

A person who is appointed as a litigation guardian must comply with all the obligations that the party would have under the Family Law Rules in the proceedings, and may do anything for the benefit of the party that the party would be ordinarily allowed to do in the proceedings. The duty of disclosure applies to a litigation guardian to the extent they are capable of complying with the duty.

The decision to seek to appoint a litigation guardian should not be taken lightly and should be considered as a last resort.

When does a person need a litigation guardian?

A person needs a litigation guardian if they do not understand the nature and possible consequences of the proceeding, or is not capable of adequately conducting, or giving adequate instruction for the conduct of the proceedings.

A person must be able to understand the following, in order to be able to conduct their own litigation:

• that they are making a claim for an order from a court
• the order they are seeking and the grounds on which they are seeking the order
• that before the Court can make an order, it must be satisfied of the existence of certain facts, and that the Court can only be so satisfied if, there is placed before the Court, admissible evidence the Court is satisfied proves such facts
• where the claim is likely to be defended, the grounds on which the claim is to be defended
• if it is proposed that they will be legally represented, that they will incur expenses in retaining legal representation and the amount that is likely to be charged
• that they may not succeed in obtaining the order they seek, and
• where the claim is likely to be contested, that there is a risk the Court will not grant the orders they claim and they may be ordered to pay the opponent’s costs.

There is a presumption that an adult does not need a litigation guardian unless there is evidence that proves otherwise. How the Court decides whether a person requires a litigation guardian will vary from case to case. The Court will often (but not always) need medical evidence to decide whether a person needs a litigation guardian.

Unless the Court others otherwise, any party who is under the age of 18 must have a litigation guardian.

Who can be a litigation guardian?

A person may be a litigation guardian if they:

• are an adult
• have no interest in the proceeding adverse to the interest of the person needing the litigation guardian, and
• can fairly and competently conduct the proceeding for the person needing the litigation guardian.

A person who is authorised by a law to conduct legal proceedings in the name of or for a person who needs a litigation guardian (such as person who has been made a person’s guardian under state legislation) is known as ‘a manager of the affairs of a party’.

If the proceedings are within the authority of the manager of the affairs of a party, they are entitled to be the litigation guardian (provided the party needs a litigation guardian i.e. they do not understand the proceedings or are not capable of conducting the proceedings).

If a person is in need of a litigation guardian, but a suitable person is not available, the Court may request that the Attorney-General appoint a person to be a manager of the affairs of the party (and then act as litigation guardian).

How is a litigation guardian appointed?

A litigation guardian can be appointed on application to the Court by a party, or on the Court’s own initiative.

Where there is a ‘manager of the affairs of a party’ (being a person who is authorised by a law to conduct legal proceedings in the name of or for a person who needs a litigation guardian), the manager becomes the litigation guardian by filing an Affidavit – Family law and child support consenting to being the litigation guardian for the party.

Where there is no manager of the affairs of a party, an order from the Court for the appointment of a litigation guardian may be sought by filing an Application in a Proceeding. This application can be brought during current proceedings, or before proceedings have commenced.

The application must be supported by an affidavit setting out the facts relied upon in support of the application (this will typically include why the party needs a litigation guardian). A person becomes a litigation guardian by filing an affidavit consenting to the appointment.

Upon being appointed as the litigation guardian, that person must give notice of the appointment to each other party and any independent children’s lawyer.

The Court may also make orders about the payment of the costs and expenses of the litigation guardian.

Party and party costs (what a person entitled to costs may recover), and the process in disputing an account for ‘fresh applications’ in the Federal Circuit and Family Court of Australia (the Court) is outlined in Chapter 12 of the Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (the Family Law Rules).

Fresh applications are any of the following applications, including compliance with pre‑action procedures associated with them:

• an Initiating Application
• an application that includes an Initiating Application
• an Application in a Proceeding filed in connection with a fresh application
• an Application for Divorce
• an Application for Consent Orders
• a contempt, contravention or enforcement application
• an application relating to contempt in the face of the Court
• an appeal, and a re‑hearing following an appeal
• an application for review of final orders made by a Registrar.

What are party and party costs?

Party and party costs are the costs payable by one party to another party under the Family Law Rules or by court order.

The costs that may be recovered are generally costs for the professional time of a lawyer, or for work done in a lawyer’s office and the costs (referred to as disbursements) paid out for work done in association with a case e.g. the costs of a process server.

The costs that a lawyer may charge must be calculated in accordance with the Scale of Costs in Schedule 3 of the Family Law Rules or Schedule 1 of the Federal Circuit and Family Court of Australia (Division 2) (Family Law) Rules if the:

• Court orders that costs are to be paid and does not fix the amount, or
• costs are an entitlement under the Family Law Rules.

The Court may order that the Scale of Costs does not apply.

How to dispute an itemised account for party and party costs

A person entitled to costs where the amount has not been fixed must serve on the person who is liable to pay the costs, an itemised account and a copy of the Costs Notice.

Disputing an itemised costs account

It is your right to receive from the party entitled to costs, an itemised costs account that:

• lists each item and the cost payable by date, description and amount, and
• states any amount received or credited for the costs.

If you receive an account that states only a summary of work done and claims a lump sum, and you want an itemised costs account, you are entitled to make a request for it.

You have the right to dispute any part of the itemised costs account. There are strict time limits for taking action to dispute the itemised costs account. In special circumstances, time limits may be extended by making an application to the Court. You can obtain the documents you need to make this application by contacting the Court.

There are seven steps involved in disputing a costs account.

• Step 1: Inform the party seeking payment of the costs that you dispute the itemised costs account by serving a Notice Disputing Itemised Costs Account on the lawyer.
• Step 2: Contact the party seeking payment of the costs to discuss options for resolving the dispute.
• Step 3: If the dispute is not resolved, either you or the party seeking payment of the costs can ask the Court to rule on the dispute. This is done by filing the Notice Disputing Itemised Costs Account and the itemised costs account with the Court.
• Step 4: When the Notice Disputing Itemised Costs Account is filed, the Court will fix a date for a settlement conference, a preliminary assessment, or an assessment hearing. You will receive a Notice from the Court with the Court date. You must, as soon as practicable, serve that document on the party seeking payment of the costs to advise them of the date.
• Step 5: Settlement Conference – both parties must attend or be represented by a lawyer.
• Step 6: Preliminary Assessment – the parties do not attend.
• Step 7: Assessment Hearing – both parties must attend or be represented by a lawyer.

More information and the relevant time limits for each step are outlined in the Costs Notice.

Legal advice

If you have any legal questions about costs, you should get legal advice. You can get legal advice from a:

• legal aid office
• community legal centre, or
• private law firm.

Court staff can help you with questions about court forms and the Court process, but cannot give you legal advice.

For more information see, Legal Help.