How the Family Court Process Works in Australia
Last updated: June 2026
Which Court Handles Family Law Matters?
The Federal Circuit and Family Court of Australia (FCFCA) handles most family law matters including parenting, property, and maintenance disputes. The Family Court of Australia (now Division 1 of the FCFCA) handles the most complex cases.
Before You File: Dispute Resolution First
Except in cases involving family violence or child abuse, you must make a genuine effort at family dispute resolution (FDR): usually mediation, before filing a parenting order application. A mediator will issue a Section 60I certificate confirming you attended (or the other party refused to attend).
Property and financial disputes do not legally require FDR first, but it is strongly encouraged.
Step 1: Filing an Application
You lodge an application at the court (online or in person) with the relevant forms, an affidavit supporting your case, and the filing fee. After filing, you receive a date for the first court event.
Step 2: First Court Event
The first event is typically a Conciliation Conference (property) or Interim hearing (parenting). A registrar tries to narrow the issues and encourage settlement. If urgent orders are needed (e.g. child safety), you can apply for interim orders at any stage.
Step 3: Disclosure
Both parties must give full and frank financial disclosure: tax returns, pay slips, bank statements, superannuation details, and property valuations. Failure to disclose can result in adverse orders.
Step 4: Conciliation or Mediation
Before trial, parties usually attend a conciliation conference or judicial mediation. Most cases settle at this stage. If not, the matter proceeds to a hearing.
Step 5: Trial
A trial is a full hearing before a judge. Each party presents evidence (affidavits and documents) and is cross-examined. The judge then makes final orders.
Costs and Timeframes
Family court proceedings can take 1–3 years to reach a final hearing. Legal costs can be substantial. Courts can make costs orders against a party who acts unreasonably. Most matters settle before trial.