The Court Structure
Federal Circuit and Family Court of Australia (FCFCOA)
Handles most family law matters. Two divisions:
State Courts
Some matters (especially urgent protection orders) may involve state courts.
Overview of the Process
Typical Flow
1. Filing application
Filing an Application
What You File
- Initiating Application (Form 1 or Form 2)
What Happens Next
- Court issues the application
Response
The other party has time (usually 28 days) to file:
Case Management
First Return Date
Usually a brief procedural event:
Case Management Events
Various hearings to manage the case:
Interim Applications
What They Are
Applications for temporary orders while waiting for the final hearing.
Common Examples
- Parenting arrangements
Process
- File interim application
Preparation for Trial
Discovery
Exchange of documents and information.
Expert Evidence
If needed (valuations, family reports).
Subpoenas
To obtain documents from third parties.
Trial Affidavits
Final affidavits with all your evidence.
Final Hearing
What Happens
- Opening submissions
Duration
Depends on complexity - half a day to several weeks.
After Judgment
Orders Made
Court makes final orders.
Appeals
Limited rights to appeal. Strict time limits.
Enforcement
If orders aren't followed, enforcement proceedings.
Timeline
| Stage | Typical Timeframe |
| ------- | ------------------ |
| Filing to first return | 4-8 weeks |
| Interim hearing | 2-4 months |
| To final hearing | 12-24 months |
Complex matters can take longer.
Tips for Court
- Meet all deadlines