Either party to a marriage or de facto relationship can apply to the Federal Circuit Court or the Family Court for property settlement. The Federal Circuit Court hears most matters. Whilst applications for property settlement can be lodged in either the Family Court or the Federal Circuit Court, most matters, unless complex, are heard in the Federal Circuit Court.
There are no restrictions on the amount of the value of the property in dispute.
In limited circumstances, residents in country areas can make an application to the local state Magistrates Court for property up to the value of $20 000 [see Family Law Act 1975 (Cth) s 46].