Which court?

When you need legal advice

Get legal advice if:

• you want to make an application to the court to resolve a family law dispute
• you’re unsure about time limits.

How to get legal advice

Choosing a court

The Federal Circuit and Family Court of Australia, the Family Court of Western Australia and the local or magistrates courts in each state and territory have the power to make decisions about family law issues under the Family Law Act 1975.

The court you choose will depend on:

• the issues
• the cost
• where you live
• the services available.

Most family law cases are now heard in the Federal Circuit and Family Court of Australia.

Federal Circuit and Family Court of Australia

The Federal Circuit and Family Court of Australia deals with matters which include:

• parenting orders
• locating and recovering children
• property settlement
• spousal maintenance
• child maintenance and child support issues
• divorce orders
• enforcing orders of the Federal Circuit and Family Court.

This court is divided into two divisions, Division 1 and 2. Division 1 deals with the most complex legal disputes and specialist cases. The court will decide the appropriate division for hearing the matter. Some of the factors that are relevant for the court to determine the appropriate division include:

• the complexity of the legal, factual or jurisdictional issues involved
• whether the case involves international issues
• whether the case involves multiple parties
• whether the case involves multiple expert witnesses
• whether the case is likely to involve questions of general importance to the development of family law jurisprudence
• the likely length of the case
• the respective workload of each division
• the impact on litigants of the matter being transferred
• any circumstances that require the matter to be referred to a specialist list
• in relation to a parenting proceeding, whether the case involves serious criminal conduct
• in relation to a financial proceeding, whether the case involves:
  • complex asset structures
  • complex valuation issues
  • complex taxation or like issues
  • bankruptcy or insolvency
  • the interests of an estate.

Pre-action procedures

Before going to court, you’ll need to participate in pre-action procedures, such as attending family dispute resolution. See pre-action procedures for matters relating to:

• property
• parenting.

These steps will help you reach agreement with the other person. Only after these procedures have been followed can you ask the court to decide your case.

Information about court processes and procedures, application forms and self-help kits are available on the Federal Circuit and Family Court of Australia website.

State Magistrates Court

The Queensland Magistrates Courts can deal with some minor family law matters, depending on where you live, such as urgent or interim (short-term) cases about children where there is a domestic violence case being heard.

Some magistrates courts may accept applications for consent orders. However, applications for parenting orders are mostly made in the Federal Circuit and Family Court of Australia. You should get legal advice about this before you file an application.

Time limits

Various time limits apply for certain family law matters, for example:

There are time limits for appeals and review.

You should get legal advice on all of the above areas as time limits can be as little as 7 days.

How to get legal advice

We may give legal advice about applying to the court/s for family law disputes.

Other places to get legal advice:

• Community legal centres
• Private lawyers

Who else can help?

• Organisations directory

Related information

• Publications and resources

Last updated

2 July 2026

Last reviewed

2 July 2026