Commencing proceedings

Increasingly, most cases begin in the Federal Circuit Court, unless the issues in the case appear complex and difficult from the outset. Complex cases would include cases involving allegations of sexual abuse of the children, extreme family violence, relocations overseas, special medical procedures or cases in which there are multiple parties. Cases without such complex features are generally better done under the simpler Federal Circuit Court Rules 2001 (Cth).

Complex parenting cases are usually instituted in either the Family Court (of Australia or in Western Australia the Family Court of Western Australia). Different Court Rules and costs will apply in each case and practitioners need to consider which court will best suit the needs of the parties and have regard to the Practice Directions which provide guidance as to which matters should be commenced in the Family Court of Australia or the Federal Circuit Court of Australia.

It should be noted that the Family Court Rules 2004 (Cth) differ from the Federal Circuit Court Rules 2001 (Cth)and that different documents may be required at the time of filing and different procedures followed thereafter.

It should also be noted there is a Bill currently before Parliament purporting to merge the Family Court of Australia and Federal Circuit Court of Australia to create a single court (at this stage to be called Federal Circuit and Family Court of Australia) to deal with all family law matters including appeals. If this Bill passes, it will significantly change the court practice and procedure for family law matters.

See Commencing proceedings.