Family and Federal Magistrates Courts protocol for division of work

Family and Federal Magistrates Courts protocol for division of work

The Chief Justice of the Family Court and the Chief Federal Magistrate published a protocol on 29 January 2010 for the division of work between the two courts:

The Chief Justice and the Chief Federal Magistrate have published this Protocol for the guidance of the legal profession and litigants, so as to enable matters to be directed properly to the court appropriate to hear them. The Protocol may on occasions give way to the imperatives of where a case can best be heard and is not intended to constrain the discretion of a judicial officer having regard to the applicable legislation and the facts and circumstances of the case before him or her.

If any one of the following criteria applies, then the application for final orders ordinarily should be filed and/or heard in the Family Court of Australia (“FCoA”), if judicial resources permit, otherwise the matter should be filed and/or heard in the Federal Magistrate Court (“FMC”).

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.

Transfers

1. Either Court on its own motion or on application of a party can transfer a matter to the other Court.

2. There is no right of appeal from a decision as to transfer.

Request an Appointment
Fill in the form below to find out if you have a claim.
Request an Appointment - Stephen Page
Things to Read, Watch & Listen

From Istanbul to the Banco Court: Page Provan Celebrates Evren Kurt’s Admission as a Lawyer

Page Provan is thrilled to celebrate a very special milestone for one of our own: Evren Kurt has officially been admitted as a lawyer in Queensland. Evren’s path to admission was anything but ordinary. Originally a practising lawyer in Istanbul, Turkey, he made the bold decision to start his legal career over from scratch in… Read More »From Istanbul to the Banco Court: Page Provan Celebrates Evren Kurt’s Admission as a Lawyer

Surrogacy in South Africa: what Australians should know

South Africa might seem like an obvious overseas surrogacy destination for Australians. It has high-quality IVF services, costs can be lower than in some other international destinations, and Australia has a substantial South African community, particularly in Perth, Sydney, Melbourne and South East Queensland. Yet South Africa is not an option for most Australian intended… Read More »Surrogacy in South Africa: what Australians should know

Egg donation in South Africa: the legal risks explained

For many Australians, egg donation in South Africa has long been an attractive fertility option. The medical standards are high, the costs can be significantly lower than comparable treatment in Australia, and there has historically been a greater availability of egg donors. But an overseas egg donation journey is not simply a question of choosing… Read More »Egg donation in South Africa: the legal risks explained

Family Law Section Law Council of Australia Award
Member of Queensland law society
Family law Practitioners Association
International Academy of Family Lawyers - IAFL
Mediator Standards Board