The Family Court Process in Australia: How It Works

The Federal Circuit and Family Court of Australia (FCFCOA) is the single national court for family law. Most matters require pre-action steps such as family dispute resolution before filing, and child-related evidence is governed by section 102NL, not the repealed section 69ZT.

If you are experiencing family violence and need help now: call 000 in an emergency, or contact 1800RESPECT on 1800 737 732 for free, confidential support and counselling, available 24 hours a day, every day.

This article addresses the general process for family law applications before the Federal Circuit and Family Court of Australia under the Family Law Act 1975. It does not address applications to the Family Court of Western Australia, which follows its own procedural rules while applying the same substantive federal law, or state and territory family violence protection order proceedings.

One national court: the FCFCOA

The Federal Circuit and Family Court of Australia was established to bring most federal family law matters, and general federal law matters such as bankruptcy, before a single national court, replacing the previous separate Family Court and Federal Circuit Court structures. It hears divorce, parenting, property, spousal maintenance and related applications in every state and territory except Western Australia, which retains its own Family Court of Western Australia. That court applies the federal Family Law Act 1975 to married couples, but de facto property and maintenance claims in Western Australia run under the Family Court Act 1997 (WA), because Western Australia did not refer those matters to the Commonwealth. The FCFCOA operates a two-division structure internally, but for a person applying for family law orders the practical starting point is the same set of national forms, fees and procedural rules wherever in Australia, outside Western Australia, they file.

Pre-action procedures for parenting matters

Before filing most applications for a parenting order, section 60I of the Family Law Act generally requires the parties to have made a genuine effort to resolve the dispute through family dispute resolution with an accredited practitioner, and to have obtained a certificate confirming that attempt, or that dispute resolution was not appropriate. Section 60J sets out when this requirement does not apply, including where there are reasonable grounds to believe there has been child abuse or family violence, where there is a risk of abuse or violence, where the application is urgent, or in certain other prescribed circumstances. This requirement exists to encourage parents to resolve arrangements without court involvement where it is safe and appropriate to do so, and a court can decline to deal with an application, or can take the absence of a genuine effort into account, if the requirement was not met without a valid exception.

Pre-action procedures for financial matters

Before filing most applications relating to property or spousal maintenance, the FCFCOA's rules and practice directions generally require the parties to have made a genuine and reasonable attempt to resolve the dispute, which can include participating in dispute resolution, negotiation, or arbitration, and to have complied with the duty of financial disclosure, now set out at section 71B (married couples) or section 90RI (de facto couples) of the Family Law Act itself. A person who files without having taken these steps, without a valid reason such as urgency or a limitation period about to expire, risks case management consequences, including cost orders.

Evidence in child-related proceedings: section 102NL, not the repealed section 69ZT

An older version of this area of the law relied on Division 12A of the Family Law Act, and specifically section 69ZT, to allow a court to decide that the usual rules of evidence would not apply in some or all of a child-related proceeding, in favour of a more flexible, less adversarial approach. Division 12A, and section 69ZT with it, no longer exist. The function moved to Part XI, Division 4 of the Act, headed principles for conducting child-related proceedings and property or other proceedings, and the direct successor to the old section 69ZT is section 102NL, titled rules of evidence not to apply unless court decides. Anyone researching or drafting about evidence in Australian family law child-related proceedings should cite section 102NL, in its Part XI Division 4 context, rather than the now-repealed section 69ZT, which no longer has any legal effect.

Protections during cross-examination in family violence cases

Part XI Division 3 of the Family Law Act contains protections for parties where there are allegations of family violence. Section 102NA sets out mandatory protections in certain cases, generally preventing a self-represented party from personally cross-examining the other party, and vice versa, where prescribed circumstances involving family violence exist. Section 102NB allows a court to order equivalent protections in other cases where it considers them appropriate. Where these protections apply, cross-examination is instead conducted by a legal representative, including a court-appointed one funded through legal aid arrangements where a party cannot otherwise afford one.

What happens after filing

Once an application is filed, the FCFCOA lists the matter for an initial hearing event, and the process from there depends heavily on whether the parties can reach agreement. Many matters resolve through negotiation, dispute resolution, or a conciliation conference without ever reaching a defended final hearing. Where a matter is genuinely contested, the court may make interim orders to manage the situation until a final hearing, and family consultants or independent children's lawyers may become involved in parenting matters. See parenting orders in Australia and property settlement in Australia for the substantive law applied once a matter is before the court.

Representing yourself

A significant proportion of family law litigants represent themselves, particularly at earlier stages of a matter. The FCFCOA publishes guidance on representing yourself, court etiquette, and what to expect at different hearing types, and its registries can direct self-represented parties to duty lawyer and legal aid services where available. The protections against personal cross-examination described above apply regardless of whether a party is legally represented, and a self-represented party remains subject to the same pre-action procedures, disclosure obligations and evidence principles, including section 102NL, as a party with a lawyer.

The role of family consultants and independent children's lawyers

In contested parenting matters, the court can involve professionals beyond the parties and their lawyers. A family consultant, appointed under Part III of the Family Law Act, can advise the court, prepare reports, and help parties and children understand the proceedings; communications with a family consultant are treated as admissible in ways ordinary counselling communications are not, so parties should understand this distinction before engaging with one. An independent children's lawyer can be appointed to represent the child's interests separately from either parent's case, particularly in matters involving allegations of abuse, entrenched conflict, or complex care arrangements; the independent children's lawyer does not simply relay the child's wishes but forms an independent view of the case based on the evidence, informed by any views the child has expressed.

Electronic hearings and safety at court

Many family law hearings and case events can now be conducted remotely, by video link or telephone, under Part XI Division 2 of the Family Law Act, reducing the need for parties to attend a registry in person for every step of a matter. Where a party has safety concerns about attending court, including concerns related to family violence, the FCFCOA publishes specific guidance on safety at court and can arrange practical measures such as separate waiting areas, security escorts, or remote appearance, and registries can be contacted in advance of a hearing to arrange these where needed.

This page provides general legal information about the family court process in Australia, verified 20 July 2026. It is not legal advice about your own application or proceeding. For advice, consult a legal practitioner admitted in the relevant Australian state or territory.

For the substantive law applied to children, see parenting orders in Australia. For the substantive law applied to finances, see property settlement in Australia. For ending the marriage itself, see divorce in Australia. For the full picture, return to the Australian family law hub.

Frequently Asked Questions

Is there one family court for all of Australia?

Effectively yes. The Federal Circuit and Family Court of Australia hears family law matters nationally, applying the same Family Law Act 1975. Western Australia has its own Family Court of Western Australia, applying the federal law to married couples and the Family Court Act 1997 (WA) to de facto financial matters.

Do we have to try mediation before applying for parenting orders?

Generally yes. Section 60I requires a genuine attempt at family dispute resolution and a certificate before most parenting applications can be filed, unless an exception under section 60J applies, such as urgency, child abuse or family violence.

Is there a pre-filing requirement for property matters too?

Yes. The FCFCOA’s rules and practice directions generally require a genuine attempt to resolve a financial dispute, and compliance with the disclosure duty under section 71B or section 90RI, before most property or maintenance applications are filed.

Can I still cite section 69ZT for evidence in child-related proceedings?

No. Section 69ZT and the whole of Division 12A were repealed. The current provision governing whether the rules of evidence apply in child-related proceedings is section 102NL, in Part XI, Division 4 of the Family Law Act.

What replaced Division 12A of the Family Law Act?

Its function moved to Part XI, Division 4, headed principles for conducting child-related proceedings and property or other proceedings, which contains section 102NL as the successor to the former section 69ZT.

What protections exist if there are family violence allegations and I do not have a lawyer?

Section 102NA provides mandatory protections in certain cases, and section 102NB allows a court to order protections in other cases, generally preventing a self-represented party from personally cross-examining the other party where allegations of family violence are involved. A legal representative, including a court-appointed one, conducts the cross-examination instead.

Does every family law application end in a court hearing?

No. Many parenting and financial matters resolve through negotiation, family dispute resolution, or consent orders at some point after filing, without ever reaching a defended final hearing.

Can I represent myself in the FCFCOA?

Yes. Many litigants represent themselves, and the FCFCOA publishes guidance on court etiquette, hearing types and support services. A self-represented party is subject to the same pre-action procedures, disclosure duties and evidence rules as a party with a lawyer.