How Does Family Law Work in NSW and Australia?
In Australia, Family Law Courts are civil courts. They deal only with civil law matters which are concerned with the private relations between individuals. As such, they are not criminal law courts and have no jurisdiction for dealing with criminal matters.
There are two courts in Australia which hear family matters. They are;
- Family Court of Australia
- Federal Circuit Court of Australia
Both of these are Federal Courts and have nationwide jurisdiction.
What matters can family courts hear?
The term “family law” courts can sometimes be misleading. Whilst these courts do cover all legal matters to do with families, they also hear more general civil matters.
Family Courts in NSW (and Australia, in general) hear matters to do with;
- Divorce proceedings and recognition of divorce.
- Parenting orders and residence orders.
- Family violence.
- Children’s matters. Adoption and Parentage.
- Property and financial disputes.
- Some Migration Law and General Federal Law matters.
The Family Court of Australia hears all family and civil matters as noted above.
The Federal Circuit Court of Australia hears all matters with the exception of Divorce or annulling marriages and adoptions. The Federal Circuit Court can also make decisions on some Migration Law and General Federal Law matters. These include cases of consumer law, human rights, intellectual property and privacy.
All other matters are typically dealt with through the Local Courts initially and then higher-level courts as may be required. Similarly, the local courts (and higher-level courts) have very limited jurisdiction when dealing with family law matters. Nominally, they can only hear matters to do with property settlements and residence orders.
What are Family Law Court procedures and hearing types?
Australian Family Law prioritises the safety and wellbeing of children in all proceedings. In matters involving children, their wellbeing will always be at the forefront of what the courts consider and of any decisions made.
Secondly, for family issues the Law consider that court litigation should only ever be as a last resort. As such, in Australia a stage of dispute resolution must happen prior before parties are allowed to file proceedings in court. This gives the various parties an opportunity come to some form of mediated agreement before the time, cost and stress of court proceedings.
Following this initial stage of dispute resolution, if an agreement cannot be made then the matter with proceed to court. The types of court hearings that may be required are as follows.
First court hearing
This is a procedural hearing where a Judicial Officer hears from the parties about what is required to progress the matter through Court processes. The officer may make orders and provide directions for items including;
- Gathering evidence.
- Arranging valuations.
- Obtaining expert reports.
- Meeting with Court Child Expert.
- Attending a parenting course or program.
The Judicial Officer can also make interim parenting orders or financial orders.
Directions Hearing
This is another type of procedural hearing where orders or direction may need to be made about the case.
Interim Hearing
Interim hearings can allow decisions to be made on an interim basis by a Judge or Senior Judicial Registrar. Interim orders will remain effective until the Final Hearing judgement is handed down.
Further dispute resolution
This covers a range of services that can be managed either by a Judicial Registrar or through external mediation service providers. These services can sometimes be provided separately to each party or conducted electronically.
Court Children’s Services interviews and reports
If children are involved in the matter, parties may be required to meet with a Court Child Expert or Family Consultant. These can issue a range of reports that may have bearing on the Final Hearing.
Compliance and Readiness Hearing
If dispute resolution is unsuccessful the matter will proceed to a Compliance and Readiness Hearing. This hearing ensures that court orders and directions have been followed by the parties and that the matter ready to proceed to a final hearing.
Trial management hearing
This may happen prior to a Final Hearing to allow the Judge to make further directions and ensure the matter is ready to proceed.
Final hearing
This is the final determination of a case by a Judge. Depending upon the complexity of the matter, this hearing can last anywhere a single to multiple days.
After the hearing the Judge will make a determination on the case and provide reasons for the judgement. Whilst the determination can be made the same day, more often it will be delivered at a later date. The delivery of the judgement is typically made with three months of the hearing.
Visit the Family Law Courts website to read more.
GP Legal Family Lawyers
Family law is dynamic, reflecting changes in society’s values and norms. As such, GP Legal work hard to remain abreast of legislative updates, judicial interpretations, and evolving societal views on family structure, relationships, and responsibilities. Where possible we always urge mediation in preference to litigation.
If you are in the Sydney Northern Beaches and need a family lawyer, GP Legal are ready to assist. We can help with all areas Family Law from legal advice to dispute resolution and court hearings.
Contact us to discuss your personal situation and how we may help.