Federal Circuit and Family Court of Australia 

The Family Court of Australia was established under the Family Law Act 1975 by the Whitlam Government. The Family Court began operating on 5 January 1976 as Australia’s first federal court to assist families in resolving family law disputes.

The establishment of the Court introduced principles such as no-fault divorce. It also introduced important reforms focusing on the best interests of children as a significant consideration for parenting matters. 

Under the Federal Circuit and Family Court of Australia Act 2021, two separate Courts known as the Federal Circuit and Family Court of Australia (Division 1) and the Federal Circuit and Family Court of Australia (Division 2) were established. 

The Federal Circuit and Family Court of Australia (Division 1) is a specialist family law court and a continuation of the Family Court of Australia. The Court hears family law matters, including complex family law trials and appeals.

The Federal Circuit and Family Court of Australia (Division 2) is a continuation of the Federal Circuit Court of Australia. The Court has jurisdiction in areas including family law, migration and general federal law matters. 

The Courts have jurisdiction mainly from the Family Law Act 1975 (Cth), supported by the Australian Constitution. 

Matters include divorces, parenting orders, property settlements, spousal maintenance and other matters.  The Courts focus on prioritising minimising risk and harm to children or vulnerable parties. Parties are given opportunities for dispute resolution where it is safe to do so. For cases that proceed, the Courts aim for a safe, fair, and quick system of justice. 

About Post Author

Brian Walker

B.Acc., GradDipLegPrac, Juris Dr
Barrister & Accountant.
Former Criminal Defence Solicitor. Former Federal Prosecutor for the Commonwealth Director of Public Prosecutions prosecuting Commonwealth crimes relating to drugs and child exploitation. Former Australian Federal Police member litigating proceeds of crime matters. Former Australian Taxation Office employee investigating offshore tax evasion matters.

Post Created by Jesslyn Duong, paralegal.

See author's posts