Division of Work Between the Family
Court and the Federal Magistrates Court
- Protocol dated 29 January 2010

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SMART SOLUTIONS. PERSONAL  ATTENTION.

The Family Court and Federal Magistrate Court have issued a protocol setting out the division of work between the courts.

 

The following matters will ordinarily be issued in the Family Court (and all other matters in the Federal Magistrates Court):

 

1. International child abduction.

 

2. International relocation

 

3. Disputes as to whether a case should be heard in Australia.

 

4. Special medical procedures (of the type such as gender reassignment and sterilisation).

 

5. Contravention and related applications in parenting cases relating to orders which have been made in FCoA proceedings; which have reached a final stage of hearing or a judicial determination and which have been made within 12 months prior to filing.

 

6. Serious allegations of sexual abuse of a child warranting transfer to the Magellan list or similar list where applicable, and serious allegations of physical abuse of a child or serious controlling family violence warranting the attention of a superior court.

 

7. Complex questions of jurisdiction or law.

 

8. If the matter proceeds to a final hearing, it is likely it would take in excess of four days of hearing time.

 

Note: The FCoA has exclusive jurisdiction in relation to adoption and the validity of marriages and divorces.

 

A matter may be transferred from one court to another by application or order of the court.

 

Source: Family Law Courts http://www.familylawcourts.gov.au/wps/wcm/connect/FLC/Home/Whats+New/FLC_PROTOCOL

 

For advice about your family law matter, contact Mathews Family Law on 03 9804 7991 or enquiries@mflaw.com.au

 

Mathews Family Law, a boutique family law firm, is located at Level 2, 599 Malvern Road, Toorak, Victoria, Australia.

 

Lawyers at Mathews Family Law are accredited family law specialists, accredited family dispute practitioners and mediators.

 

They are particularly qualified and experienced to provide you with ethical, accurate, timely and cost effective advice on all issues arising from the breakdown of marital and de facto relationships and further relationship issues.

 

Mathews Family Law offers legal advice on:

 

• Separation and divorce
• Children and post-separation parenting arrangements (residence/custody, access/contact)
• Post separation relocation (intrastate, interstate and overseas)
  
• Child support, child maintenance, child support enforcement, international child support, working with the Child Support Agency, change of administrative assessment of child support applications
• Adult child maintenance
• Spousal maintenance
• Property settlements
• Financial Agreement and Pre-nuptial Agreements
• Asset protection and injunctions
• Family Violence - intervention / restraining orders
• Negotiation and conciliation
• Family dispute resolution (FDR /section 60I certificates)
• Mediation
• Court appearances (Family Court, Federal Magistrates Court, Magistrates Court, County Court, Supreme Court, Social Security Appeals Tribunal)

 

Please contact:

 

• Vanessa Mathews - Accredited Family Law Specialist, Accredited Family Dispute Resolution Practitioner, vanessam@mflaw.com.au
• Kuppy Nambiar - Accredited Family Law Specialist, kuppyn@mflaw.com.au
  
to discuss your family, de facto or relationship law question or telephone 03 9804 7991 or email enquiries@mflaw.com.au

 

Mathews Family Law has clients living and/or working in Toorak, South Yarra, Armadale, Hawksburn, Richmond, Melbourne, Port Melbourne, South Melbourne, Albert Park, St Kilda, Elwood, Malvern, Glen Iris, Caulfield, Elsternwick, Ripponlea, Bentleigh, Brighton, Hampton, Sandringham, Carnegie, Hawthorn, Kew, Camberwell, Balwyn, Surrey Hills, Canterbury, Box Hill, Mitcham, Nunawading, Ivanhoe, Clifton Hill, Fitzroy, North Fitzroy, Carlton, Parkville, Brunswick, Northcote, Greensborough, Ringwood, Croydon, Oakleigh, Beaumaris, Williamstown, Newport, Yarraville, Footscray, Flemington, Ascot Vale, Moonee Ponds, Essendon, Coburg, Rosanna, Doncaster, Melbourne CBD, City of Melbourne, Elwood, East Melbourne, Altona, Sunshine, Watsonia, Templestowe, Burwood, Mont Albert, Blackburn, Mitcham, Ashburton, Burwood, Springvale, Gardenvale, Ripponlea, Moorabbin, Cheltenham, Black Rock, Sandringham, Mordialloc, Chelsea, Frankston, McKinnon, Ormond, Middle Park, Geelong.