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New Federal Circuit and Family Court of Australia

The new Federal Circuit and Family Court of Australia commenced on 1 September 2021. 

The Court has two divisions:

  • Division 1 is a continuation of the Family Court of Australia and deals only with family law matters. It has 35 specialist family law judges hearing both trials and appeals.
  • Division 2 is a continuation of the Federal Circuit Court of Australia and deals with family law, migration and other general federal law matters. It has 76 judges, 55 of which are specialists in family law and the remainder experts in various areas of general federal law and migration.

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Family law

The Court’s family law jurisdiction includes applications for divorce, applications for spousal maintenance, property and financial disputes, parenting orders, enforcement of orders, location and recovery orders, warrants for the apprehension or detention of a child, and determination of parentage.

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Migration law

The Court can review some decisions made under the Migration Act 1958. These include some decisions of the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs, the Administrative Appeals Tribunal, and the Immigration Assessment Authority. The Court can only review a decision in order to determine if a ‘jurisdictional error’ has been made.

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General federal law

The Court’s general federal law jurisdiction includes administrative law, admiralty law, bankruptcy, consumer law (formerly trade practices), human rights, industrial, intellectual property and privacy. The Court shares this jurisdiction with the Federal Court and in some cases state courts.

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Find more information about family law

Follow the links on our Family, relationships and children page to fine more information, including fact sheets, online books, legislation, and books in the State Library.