Family Court of Australia - Relationship With Federal Magistrates' Court

Relationship With Federal Magistrates' Court

With the establishment of the Federal Magistrates' Court (FMC) in 1999, the Family Court has concurrent jurisdiction in most areas, with the FMC. The FMC was initially given jurisdiction to hear applications for nullity and dissolution of marriage, family law property disputes (where the property in dispute was worth less than $0.3m, or property disputes worth more than this if the parties consented), parenting orders providing for matters such as contact, maintenance and specific issues, and where the parties consented, parenting orders providing for the residence of a child. In December 2000, its jurisdiction was extended to encompass ‘residence’. The majority of proceedings under the Family Law Act are now filed in the FMC. In general practice, only the more complex and intractable family law cases are transferred from the Federal Magistrates' Court to the Family Court.

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