If you’re involved in a family law dispute, it’s important to understand how the Federal Circuit and Family Court of Australia (FCFCOA) operates. The Court follows a structured case management system governed by the Central Practice Direction (CPD), which applies to both parenting and property matters.
Before You File: Pre-Action Procedures
Before filing proceedings, parties are generally required to follow pre-action procedures. These include:
- Making a genuine attempt to resolve the dispute outside of court;
- Attending Family Dispute Resolution (FDR) for parenting matters;
- Exchanging relevant financial documents in property disputes; and
- Giving written notice to the other party of your intention to commence proceedings.
These steps are intended to encourage early resolution and reduce unnecessary litigation. Exceptions apply in urgent or high-risk situations (e.g., family violence).
Starting a Case in Court
If court proceedings are necessary, the initiating party must file:
- An Initiating Application;
- Supporting affidavits;
- A Notice of Risk (for parenting matters);
- A Financial Statement (for property cases); and
- A Genuine Steps Certificate confirming compliance with pre-action procedures.
What Happens at the First Court Date?
The first court date is usually a procedural hearing before a Judicial Registrar. The Registrar will:
- Assess urgency and risk issues (e.g., safety or family violence concerns);
- Determine whether interim orders are required; and
- Refer the matter to dispute resolution where appropriate.
The Court discourages unnecessary interim applications and expects affidavit material to be clear, concise, and strictly limited to relevant facts. Interim hearings will only be held where necessary—for example, to address immediate safety risks, financial hardship, or urgent parenting arrangements.
Toward a Final Hearing
If the matter does not resolve, it will progress toward a Final Hearing. However, before that occurs, parties are expected to participate in at least one dispute resolution event—such as mediation, a conciliation conference, or private FDR. The aim is to settle or narrow the issues to avoid a contested trial.
At trial, evidence is usually presented in writing (by affidavit), although parties may be cross-examined. The Judge will determine the matter based on the evidence, relevant legal principles, and—where children are involved—their best interests. Final decisions are often reserved, meaning judgment may be delivered weeks or even months after the hearing.
Ongoing Compliance and Court Expectations
Throughout the process, strict compliance with court orders, filing deadlines, and formatting rules is required. Documents must be carefully prepared, kept within specified page limits, and lodged via the Commonwealth Courts Portal. Failure to comply may result in delays, adjournments, cost orders, or even dismissal of your case.
What’s Changing from 10 June 2025?
The Court is introducing several important changes to streamline its processes:
- All court books and trial documents must be filed electronically;
- New trial forms and affidavit templates must be used;
- A Readiness Hearing will be introduced to confirm that all parties are prepared before trial dates are set.
Final Thoughts
The Court’s overarching aim is to resolve matters justly, efficiently, and without unnecessary delay. The system is designed to support families through often stressful circumstances—but it requires cooperation, preparation, and a clear understanding of your obligations at every stage.
