Legal words used in family law proceedings
This fact sheet explains some of the legal words used in family law proceedings in the Court.
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.
Respondent's genuine steps statement
This genuine steps statement is required by section 7 of the Civil Dispute Resolution Act 2011.
The Courts and your privacy
In most circumstances, courts and their decisions are accessible to members of the public. This policy of 'open justice' is reflected in section 97 of the Family Law Act 1975, which provides that all proceedings should be heard in open unless a court decides otherwise. The principle of open justice is fundamental to ensuring that courts remain transparent and accountable for their decisions.
Preparing an affidavit
This fact sheet explains what an affidavit is and when you need to file one in the Federal Circuit and Family Court of Australia (the Court). It also gives basic information about what you can and cannot include in an affidavit.
Migration: Interpreter services
Attending hearings
If you need an interpreter to understand what is being said at a court hearing, you can arrange for any interpreter that you or your witnesses may require. In some circumstances, the Court will arrange an interpreter for you.
Communicating with registry staff
If you need an interpreter to communicate with registry staff, you can call 131 450 (the Translating & Interpreting Service) and speak to an interpreter.
Translating documents - Accredited translations
All documents must be prepared in English. If you want to rely on a document that is in a language other than English, it must be translated into English by a qualified and certified translator.
The National Accreditation Authority for Translators and Interpreters (NAATI) NAATI is the national standards and certifying authority for translators and interpreters in Australia. When using a private translator (or interpreter), look for NAATI certification.
The following services might be helpful to you:
Language services
National
Find an interpreter or translator
Online database of the National Accreditation Authority for Translators and Interpreters Ltd (NAATI), listing all certified translators and interpreters in Australia.
Phone: 1300 557 470
Translating and Interpreting Service
Interpreting service provided by the Department of Home Affairs.
Free Translating Service
The Free Translating Service is provided by the Australian Government for people settling permanently in Australia to support participation in employment, education and community engagement. Permanent residents and some temporary or provisional visa holders can have up to ten eligible documents translated, into English, within the first two years of their eligible visa grant date. Eligible documents include identity and relationship documents, facilitation documents such as driver’s licences, education documents and employment-related documents.
For more information, go to the Free Translating Service website. The website is available in a range of community languages.
New South Wales
Legal Aid NSW
- Fact sheets and resources searchable by language.
- Free telephone service with access to TIS.
Northern Territory
Legal aid information in other languages
- Information about contacting NT legal aid.
South Australia
Interpreting and Translating Centre
- Interpreter and translation services.
Victoria
Speak to us in your language
- Phone services to speak to Victoria Legal Aid in a range of different languages.
Get help in your own language
- Written advice in a range of different languages.
Migration: Support services for asylum seekers
National
Australian Refugee Association
Settlement services for refugees
Refugee Council of Australia
Refugee information
Australian Capital Territory
MARSS Australia
Settlement services for refugees in the ACT
New South Wales
Roads to Refuge
Information about refugees and services to support refugees in Australia
Victoria
Department of Health and Human Services
Multicultural services in Victoria for migrants, international students, refugees and asylum seekers
Migration: Directions, callovers and court hearings
There are a number of different court events that can occur in Migration matters:
- Directions
- Callovers
- Summary judgment hearing
- Extension of time hearing
- Final hearing
Each migration application is different. You may not have all of the court events listed occur in your matter.
Whenever you are required to attend court for a hearing, the Court will write to you at your address for service and give you, and the Minister’s lawyers, the details of when and where you must attend.
At each hearing, the Court will give you an opportunity to speak about issues related to your case. If you have a lawyer, they will speak for you. The Minister will be represented by a lawyer, and you (or your lawyer) will have the opportunity to respond to what is said in court.
If you need an interpreter to interpret for you at any court hearing, you must have indicated this on your initial application form, specifying the precise language (and any dialect) needed. If you have not already indicated that you need an interpreter, you should let the Court know as soon as possible. See: I need an interpreter for more information.
Note – Unless the Court excuses you from attending, you must attend court whenever there is a hearing. If you fail to attend a hearing, the Court may dismiss your application in your absence and award costs against you.
Directions
At least six weeks after you have served your sealed documents on the Minister, the Minister’s lawyers will file with the Court (and serve on you) a ‘response’ to your application.
After the response is filed and served, the Court will make standard orders called ‘directions’ that provide a timetable for when documents have to be filed with the Court to prepare the matter for hearing. You are required to comply with any direction or order made by the Court.
Usually, a Registrar of the Court will make the orders without you or the Minister’s lawyers having to attend court for a hearing. The Court will send a copy of the orders to you and to the Minister’s lawyers.
In some cases, both you and the Minister’s lawyer may be required to attend court for a directions hearing to deal with issues that come up in the case. Common reasons a migration application might be listed for a directions hearing include:
- the parties have a dispute about how to get the matter ready for hearing
- the Court wishes to discuss something with the parties
- it has been a long time since the application was filed or since the matter was last before the Court, or
- the applicant has left Australia with no right of return or has not responded to important correspondence.
Callovers
A callover is a directions hearing held to confirm that the matter is ready to proceed to a final hearing before a Judge.
Summary judgment hearing
A migration application may be listed for hearing if the Minister’s lawyers ask the Court for a summary judgment order.
At a summary judgment hearing, the Minister’s lawyers must show that the application has no reasonable prospects of success, is frivolous or vexatious, discloses no reasonable cause of action or is an abuse of the process of the Court.
You will have an opportunity to argue that summary judgment should not be ordered and that your case should be allowed to go to a final hearing. If the Court makes an order for summary judgment, your application is dismissed your proceedings in the Court will be finalised.
Extension of time hearing
An application for review of a migration decision must be made within 35 days of the decision. The Court may extend the 35 day time limit if it is in the interests of justice to do so.
If an application for an extension of time is made, the case will be listed for an extension of time hearing before a Judge. This is your opportunity to make arguments about why it is in the interests of justice for time to be extended. If an extension of time is granted, your case will be listed for a final hearing.
Final hearing
At the final hearing, the Judge will explain to you the procedures that will be followed.
The Judge will hear your arguments and the Minister’s lawyers’ arguments. If you have a lawyer representing you, you usually do not need to speak at the hearing. If you are representing yourself, you will need to explain what you say the decision maker did wrong, and the Judge may ask you questions about your case.
The Judge may announce the decision at the end of the hearing, or the Judge might need more time to consider your case. If the Judge needs more time, you will be told to come back later the same day or to come back on a future date to hear the decision. The Court will then contact you when that date is set.
Be sure to keep the Court informed of your contact details. If your address changes you need to file a Notice of address for service form as soon as possible.
Can I withdraw my application?
If you decide to withdraw your application, you must complete a Notice of discontinuance and file it with the Court. You must also serve a copy of the notice to the Minister’s lawyer.
You will need the other party’s consent or the Court’s permission if you want to file a Notice of discontinuance after the first court date or after directions have been given in your matter.
You may still have to pay some part of the Minister’s legal costs. The closer to the hearing date when a case is discontinued, the higher those costs may be. This is because more legal work has been done closer to a hearing date than in a case that is discontinued earlier.
Central Practice Direction: Migration proceedings
The purpose of this Practice Direction is to set out the practice and procedure of the Federal Circuit and Family Court of Australia (Division 2) (Court) for the case management of its migration caseload. It does not otherwise apply to general federal law proceedings.
Migration: Costs
Generally, the unsuccessful party has to pay the legal costs of the successful party. These are referred to as party-party costs. If the Court dismisses your application, or you discontinue your application, you will have to pay the Minister’s legal costs. If you are successful, the Minister will pay your legal costs.
The total cost will depend on the length of the case and the amount of work done. The Court rules set out the legal costs that ordinarily apply. See Part 3 of Schedule 2 to the Federal Circuit and Family Court (Division 2) (General Federal Law) Rules 2025.
For more information about legal costs in migration matters, see Legal Costs in General federal law matters.
Costs for migration proceedings that have concluded:
| Item | Description | Amount (incl. GST) |
|---|---|---|
| 1 |
|
$1,821.21 |
| 2 |
A proceeding concluded:
|
$4,553.02 |
| 3 | A proceeding concluded at a final hearing | $9,097.93 |
Costs for migration proceedings that have been discontinued:
| Item | Description |
Amount (incl. GST) |
|---|---|---|
| 1 | A proceeding in which the notice of discontinuance is filed and served within 30 days after the application was filed |
$905.96 |
| 2 |
A proceeding in which the notice of discontinuance is filed and served:
|
$2,270.72 |
| 3 |
A proceeding in which the notice of discontinuance is filed and served:
|
$4,553.02 |
| 4 | Any other case |
$6,368.43 |
