Flowchart for the family law court process PDF

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Flowchart for the family law court process...

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Courts Exercising Jurisdiction under the Family Law Act 1975 (Cth) Note: the Federal Circuit Court of Australia used to be called the Federal Magistrates Court. Notes: 1. These Courts will also have jurisdiction under the Child Support legislation 2. In Western Australia – State Crts or State Family Courts administer the Acts

High Court of Australia Special leave needed

Family Court of Australia

Appellate Jurisdiction – Section 93A

Full Court

From single judge Family Court – Section 94 Single Judge All Matrimonial and de facto financial causes Note Does not have jurisdiction in respect of 1. Nulity 2. Declarations of Validity of Marriage

Federal Circuit Court

Divorce – s.39(1A)

Note Does not have jurisdiction in respect of 1. Nulity 2. Declarations of Validity of Marriage 3. Divorce (per Regulation 10A)

Property – s.39(1A)

Appeals from the Federal Circuit Court s.94AAA bankruptcy human rights consumer protection trade practices administrative law Children – s.69H(4)

Magistrates Court

Property – s.39 Can’t hear and determine proceedings if property value exceeds $20,000 unless consent. Must transfer to Family Crt or FCC s.46(1)

Children – s.69J Unless child maintenance. If opposed transfer to the Family Court – s.69N V:\staff\temp\Adiva\Family Law Flowchart...