Either party to a marriage or de facto relationship can apply to the Federal Circuit and Family Court for property settlement. All applications must be filed in Division 2 of the Court, which hears most matters [Federal Circuit and Family Court of Australia Act 2021 (Cth) s 50]. Matters may be transferred to Division 1 of the Court in some circumstances [see Federal Circuit and Family Court of Australia (Division 2) (Family Law) Rules 2021 (Cth)]. Division 1 may hear more complex matters and appeals.

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 subject to jurisdictional limit amendments from state to state [see Family Law Act 1975 (Cth) ss 46 and 46A].