Family Law Act | Family Laws in Australia | FCFOA Rules

If you have a family legal issue in Australia, you'll need to familiarise yourself with the relevant acts and court rules for your area — especially if you're representing yourself. Here's a primer so you can decide where to deepen your research.

First, what is family law?

Family law is the section of law that covers domestic issues, such as parenting arrangements, child welfare, child support, adoption, marriage, divorce and domestic violence.

The term family law can refer to actual laws or related topics, e.g., family law professionals and family law cases.

The Family Law Act

In Australia, the main legislation covering family law issues is the Family Law Act. You'll hear it called the Family Law Act 1975 because that's when it was originally passed, but it has undergone many modifications since then.

Hundreds of pages long, it covers broad issues (e.g., that divorced people can remarry) and specific ones (e.g., how to administer oaths via video chat).

If you're representing yourself, pay extra attention to the sections on:

• Family consultants
• Family dispute resolution
• Agreements (including parenting plans and agreements about property)
• Evidence

The Family Law Act in Western Australia

Like all states and territories, Western Australia uses the Family Law Act. However, it uses its own law — the Family Court Act (more below) — when unmarried couples go to court over domestic issues.

This anomaly is because Western Australia is the only state or territory to run its own family court. The Family Law Act allows states to establish their own courts, but Western Australia is the only one that has done so.

Other family laws

Though the Family Law Act is the overarching family legislation in Australia, you'll also need to know about the following family laws. (Many others may apply to your case as well.)

The Federal Circuit and Family Court of Australia Act

The main family court in the country is the Federal Circuit and Family Court of Australia (FCFCOA). It handles family law matters throughout the country, except in Western Australia.

It was created in 2021 by the Federal Circuit and Family Court of Australia Act. This act merged two existing courts: the Federal Circuit Court and the Family Court.

In addition, the act mandates how the merged court must operate. For example, it covers:

• The court's two divisions
• Staff roles
• What types of cases the court has jurisdiction over
• How appeals work

The Family Court Act (WA)

The Family Court Act 1975 established the Family Court of Western Australia (FCWA). The Family Court Act 1997 replaced its predecessor and continues to dictate how the FCWA runs.

The Family Court Act also covers child and property matters for de facto (unmarried) partners. For instance, it explains parenting orders, counseling referrals and locating children in these types of cases.

Family Law (Fees) Regulations

The Family Law (Fees) Regulations set court costs (which change yearly) for both the FCFCOA and the FCWA. These include fees to file an application, for each day of a trial, and more. The regulations also say things like who is exempt from court fees and when fees must be paid.

Family law rules

Court rules cover procedural issues. You should consult your court's rules before your first court event if you're representing yourself.

FCFCOA rules

Two sets of rules apply to this court: the Federal Circuit and Family Court of Australia Rules and the Federal Circuit and Family Court of Australia Rules - Division 2. (Division 2 is where most cases are heard. Division 1 is for cases involving unusual complexity or an extreme risk of harm.) You can also consult the FCFCOA's policies and procedures.

FCWA rules

If you live in Western Australia, you'll need to follow the Family Court of Western Australia Rules.

Also, look at the FCWA's processes and case management guidelines.

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