01 September, 2021

Transfer of proceedings

All family law matters must be commenced in the Federal Circuit and Family Court of Australia (Division 2). More complex matters that are filed in Division 2 can be transferred to the Federal Circuit and Family Court of Australia (Division 1) or in some cases the Federal Court of Australia (whichever has jurisdiction). Similarly, there are provisions to transfer less complex matters from other courts to the Federal Circuit and Family Court of Australia (Division 2).

01 September, 2021

FCFCOA Practice Direction – Transitional Arrangements

The Chief Justice/Chief Judge of the Federal Circuit and Family Court of Australia has made new rules of court for all proceedings in the Court with effect from 1 September 2021. The new rules apply to all proceedings in the Court commenced before 1 September 2021 but not finally determined before that date in accordance with the transitional arrangements described at Part 2 of this PD. The Court retains the discretion to dispense with compliance with any provision of the new rules at all times, including where application of the new rules would operate unfairly or cause injustice.