What You Will Learn
- Identify the key pieces of legislation that govern family law in Australia
- Explain the role of the Family Court and Federal Circuit Court
- Describe how the Family Law Act 1975 applies to dispute resolution
- Understand the connection between family law and the National Mediation Accreditation System (NMAS)
The Australian Family Law Framework
Family law in Australia is governed by federal legislation, which means it applies consistently across all states and territories (with some exceptions in Western Australia that we will cover later). As a dispute resolution practitioner, you need a solid working knowledge of this framework because it shapes every conversation you will have with clients.
The two most important pieces of legislation you need to know are the Family Law Act 1975 (Cth) and the Family Law Amendment Act 2023. Together, these laws define how parenting matters, property settlements, and financial agreements are handled when relationships break down.
Family Dispute Resolution (FDR) is a type of mediation that helps separating families resolve disputes about parenting arrangements and property without going to court. Under section 10F of the Family Law Act 1975, FDR is defined as a process in which a Family Dispute Resolution Practitioner (FDRP) helps people affected by separation or divorce to resolve some or all of their disputes.
Before parties can apply to the Family Court for parenting orders, they must first attempt Family Dispute Resolution (FDR) — unless specific exemptions apply (such as family violence or urgency). This is called the compulsory pre-filing requirement under section 60I of the Family Law Act 1975.
Section 60I, Family Law Act 1975 (Cth) — Requires that parties attend Family Dispute Resolution before filing an application for a Part VII parenting order, unless the court is satisfied that one of the exceptions in s60I(9) applies.
Key Legislation — Detailed Reference
Use the sections below to explore each piece of legislation in more detail. You do not need to memorise every provision, but you should understand the purpose and scope of each Act.
The Family Law Act 1975 is the primary piece of legislation governing family law in Australia. It was a landmark reform that introduced no-fault divorce and established the Family Court of Australia.
Key areas covered:
- Part VII — Children: Deals with parental responsibility, parenting orders, and the best interests of the child
- Part VIII — Property, spousal maintenance, and maintenance agreements
- Part VIIIA — Financial agreements (binding and non-binding)
- Part VIIIAB — Financial matters relating to de facto relationships
When studying this Act, focus on Part VII (Children) first — this is where you will spend most of your time as an FDRP. The best interests of the child (section 60CA) is the paramount consideration in all parenting matters.
This amendment made significant changes to the Family Law Act 1975, particularly around how courts determine the best interests of children. The changes took effect on 6 May 2024.
Key changes include:
- Removal of the presumption of equal shared parental responsibility
- Simplified list of best interests factors (replacing the previous two-tier system)
- Greater emphasis on safety, including protection from family violence and abuse
- Introduction of a new framework for considering Aboriginal and Torres Strait Islander children's connection to culture
The Family Law Rules 2004 set out the procedural requirements for family law proceedings in court. While you will not use these rules directly in your FDR work, understanding them helps you explain the court process to your clients.
These rules cover matters such as filing applications, serving documents, disclosure requirements, and how hearings are conducted.
The Court System
Family law matters are heard in federal courts. Since 1 September 2021, the court structure has been simplified. Use the tabs below to compare the current and previous structures.
Since September 2021, the Federal Circuit and Family Court of Australia (FCFCOA) operates as a single court with two divisions:
| Division | Handles | Key Feature |
|---|---|---|
| Division 1 | Complex family law matters, appeals | Equivalent to the former Family Court |
| Division 2 | Most family law applications (first instance) | Equivalent to the former Federal Circuit Court |
Before September 2021, family law was handled by two separate courts:
- Family Court of Australia — handled complex matters and appeals
- Federal Circuit Court of Australia — handled most first-instance applications
The merger simplified access for families and reduced duplication.
Western Australia operates its own family court — the Family Court of Western Australia — which handles both state and federal family law matters.
This means WA-based practitioners work within a slightly different procedural framework, although the substantive law (the Family Law Act 1975) still applies.
Check Your Understanding
Under section 60I of the Family Law Act 1975, what must parties do before applying to the Family Court for parenting orders?
You do not need to memorise section numbers at this stage. Focus on understanding the purpose of each piece of legislation and how it connects to your role as a dispute resolution practitioner. The specific sections will become familiar through practice.