Family Court of Australia

The Family Court of Australia has jurisdiction over all marriage-related cases in Australia, including applications for declarations of the validity or nullity of marriages, divorces, custody, access and property settlements. It has jurisdiction over custody and access in the breakdown of de facto relationships, but jurisdiction over property settlements in de facto relationships resides with state courts.

The Family Court of Australia was established in 1975, as part of the overhaul of Australian family law, as a special-purpose jurisdiction. Prior to then, jurisdiction over family law matters was held by the Federal Court of Australia, a general-purpose jurisdiction.

With the establishment of the Federal Magistrates Service (FMS) in 1999, the Family Court now shares jurisdiction in some areas with the FMS.

Appeal from the Family Court is possible to the High Court of Australia, although this requires special leave to appeal from the High Court, or a certificate from the Family Court certifying that the case raises important legal questions or matters of public interest.