At which court to lodge

With the rise in divorce and increased pressures, the Family Court of Australia introduced a new court for the “overflow” at the end of 1999, which is the Federal Circuit Court of Australia.

Today, in Sydney, the Federal Circuit Court primarily addresses the short cases, lots of mentions and strongly encourages the parents make agreements by consent, through Family Dispute Resolution and Conciliation. This leaves the Family Court of Australia to handle the longer hearings and more complex cases.

If you think you have lodged in the wrong court, don’t worry! The Courts do communicate. It will transfer your paperwork and advise accordingly. • Keep a look out on your court documents for the court letterhead • Make sure that you apply for your Commonwealth Courts login (if you are self-representing, otherwise, your lawyer will access the Court portal on your behalf)

No matter what your situation is, your lawyer, armed with knowledge and an understanding of the particulars of your divorce and union, can offer greater insight.

So why does Western Australia have its own Family Court of Australia? Western Australia is the most independently run state in Australia and the family court system continues the self-sufficiency. With a basis of the same Australian laws and regulations, some of the forms are a fraction different and transferring your case out of the Family Court of Western Australia is a little harder.

For more information on the Family Court of Western Australia, click here

For more information on the Family Court of Australia, click here

Don’t stress. Your family lawyer will help you or you can approach one of many organisations for legal guidance.


This is general advice only and is not provided as legal advice. If you have a legal issue, you should contact a lawyer and/or accountant before making a decision about what to do or applying to the Court. cannot provide legal advice. If you have an emergency situation, please contact Emergency '000'. © Divorce Pty Ltd