What This Page Covers
- An overview of the key professional roles within the Australian family law system
- How each role interacts with Family Dispute Resolution Practitioners (FDRPs)
- The distinction between determinative, facilitative, advisory, and advocacy roles
- Recent legislative updates affecting these roles
The family law system in Australia involves a wide range of professionals and organisations, each playing a distinct role in helping families resolve disputes and protect the interests of children. As a Family Dispute Resolution Practitioner (FDRP), you will work alongside many of these professionals, so it is important to understand what each one does and how their role relates to yours.
Some students will already have experience working in these roles. Others may be encountering them for the first time. This page gives you an overview — you will explore each role in greater depth as you progress through the course.
You can also view the presentation slides on Canva.
Understanding Role Types
Each role in the family law system can be categorised by the type of function it performs. The coloured tags on each role below tell you at a glance what kind of function that professional serves.
The family courts issue and enforce legally binding orders. The current structure has two main components:
- Federal Circuit and Family Court of Australia (FCFCOA) — operates in two divisions since the 2021 merger
- Family Court of Western Australia — a separate jurisdiction that also operates under the Family Law Act 1975
Family court orders can interact with state-level family violence orders, child protection orders, and child support matters, so understanding these connections is important for your work as an FDRP.
The Family Law Amendment (Information Sharing) Act 2023 enhances data sharing between courts and agencies for child safety concerns.
Judges preside over cases, issue court orders, and actively promote dispute resolution. They encourage settlements through conciliation, arbitration, FDR, or mediation.
When making decisions, judges consider evidence from multiple sources, including written and oral evidence from the applicant and respondent, their lawyers, Independent Children's Lawyers (ICLs), psychologists, and expert witnesses.
Registrars assist judges by handling hearings, consent orders, and FDR conferences. Since the 2021 merger of the courts, their role has expanded — they now review, requisition, and approve Consent Order Applications.
Court-appointed conciliators facilitate negotiations between parties but cannot issue binding decisions. This is an evaluative process where the conciliator may express views on the likely outcome if the matter went to a hearing.
Parties should generally have legal representation during conciliation due to its settlement-driven nature. This differs from FDR, where legal representation is not required.
Arbitrators make legally binding awards based on evidence presented by the parties. Arbitration is used only for property matters — not parenting disputes. Arbitrators are typically former judges or senior lawyers.
Learn more about family law arbitration at the FCFCOA website
Barristers specialise in court representation and legal arguments. They work with solicitors, who prepare cases and provide legal instructions. Barristers can also assist in legally assisted mediation or FDR, and their negotiation skills may help parties reach agreements that can then be formalised by a registrar or judge.
Solicitors provide legal advice, prepare court applications, and may represent clients. Their key functions include:
- Helping clients understand their legal options and processes
- Preparing court applications and consent orders
- Representing clients in court, mediation, or conciliation
- Briefing a barrister for representation in complex cases
Visit your local state's Law Society for information about solicitor and barrister demarcation rules in your jurisdiction.
The ICL represents the best interests of the child in family law proceedings. They are appointed by the court or Legal Aid in cases involving:
- Allegations of abuse, neglect, or family violence
- High-conflict parental disputes
- Situations where a child's views should be considered
An ICL does not take instructions from the child but acts in their best interests. This is a key distinction from a standard legal representative.
2023 Amendment: ICLs must now meet with children to allow them to express their views. ICLs are also now appointed in International Child Abduction cases.
Legal Aid ensures access to justice for people who cannot afford legal representation. Their services include:
- Financial assistance for those unable to afford legal representation
- Duty lawyer services for immediate legal assistance in court
- Legal information and advice to the public
- Community education on legal rights and responsibilities
The Law Council represents and administers the legal profession for lawyers and barristers across Australia. It provides policy direction, advocates for legal reform, and engages with government bodies and stakeholders to improve the legal framework.
FDRPs are accredited professionals who mediate family disputes to help parties reach agreements outside of court. This is the role you are training for in this course.
Key functions:
- Conduct Family Dispute Resolution (FDR) sessions for parenting, financial, and property settlement issues
- Issue section 60I certificates when FDR is unsuccessful in parenting matters
- Provide information on parenting plans and legal pathways
Confidentiality: Communications during FDR are protected, but exceptions apply — particularly disclosures related to child safety concerns. You will study these confidentiality provisions in detail in Module 3.
Learn about FDRP accreditation on the Attorney-General's Department website
Family counsellors help individuals and families manage emotional and relational challenges. They provide counselling on issues related to marriage, separation, and divorce, and help individuals cope with post-separation parenting and co-parenting challenges.
Confidentiality: Communications with family counsellors are protected under the Family Law Act and cannot be used as evidence in court. This is an important distinction from family consultants, whose reports are admissible.
Parenting coordinators work with parents to implement court orders and parenting plans. They help parents resolve day-to-day co-parenting conflicts, ensure compliance with parenting orders, provide education on child-focused communication, and reduce the likelihood of families returning to court.
Parenting coordinators help facilitate cooperation but cannot issue binding decisions. Their role is distinct from both FDRPs and judges.
Family Relationship Centres are government-funded not-for-profit organisations that provide family law services. They are a major employer of FDR practitioners and usually provide family counselling, FDR, and support programs.
FRCs also operate the Family Law Pathways Networks, which improve collaboration across the family law system.
These are psychologists or social workers who specialise in child and family assessments. They conduct Child Impact Reports and Family Reports, and hold statutory appointments under the Family Law Act 1975.
Confidentiality distinction:
Family Consultant (court reports) — NOT confidential, admissible as evidence
Family Counsellor — Confidential, NOT admissible as evidence
This distinction is critical for your practice as an FDRP.
Children's Contact Services provide supervised parenting time and changeovers. Both government-funded and private providers operate these services.
Interactions at Children's Contact Services are not confidential and can be used as evidence in court proceedings. This is important information to communicate to your clients.
The Attorney-General's Department is undertaking ongoing work to regulate CCS providers.
Psychologists assess mental health, provide therapy, and may offer court-ordered psychological reports. In a court-ordered capacity, they provide expert evidence in family law cases.
These professionals conduct court-ordered child and family assessments and prepare detailed family reports for the court.
2023 Amendment: Family Report Writers are now regulated with formal standards and complaints processes, improving accountability in the assessment process.
These are state and territory agencies responsible for child safety and welfare. They investigate child abuse and neglect allegations, can request court orders for the protection of children, and conduct interviews with children, educators, and professionals.
Mandatory Reporting: FDRPs and family counsellors may have obligations to report child safety concerns to these authorities. The specific obligations vary by state and territory, and you will study these requirements in detail in Modules 3 and 4.
This Australian Government service provides family law resources and support, including counselling, legal advice, and financial support services. It also assists with Family Dispute Resolution referrals and maintains a directory of local family support services.
As an FDRP, you will regularly refer clients to Family Relationships Online as a starting point for accessing support services. Bookmark familyrelationships.gov.au now — you will use it throughout your career.
Check Your Understanding
An FDRP's role is best described as which type of function?
Check Your Understanding
What is the key difference between a Family Consultant and a Family Counsellor regarding confidentiality?
This page has introduced you to the key roles in the family law system. You do not need to memorise every detail at this stage — the important thing is to understand the types of roles (determinative, facilitative, advisory, advocate, protective) and where the FDRP fits within this system. You will revisit these roles in greater depth throughout the course.