The Federal Circuit and Family Court of Australia has two divisions, Division 1 and Division 2.

Division 2 hears most matters at first instance.

All matters are filed in Division 2, but may then be allocated to Division 1.

Division 1 hears some more complex matters and appeals.

Pursuant to separate Practice Directions issued by the Court, family law matters may be allocated to and managed in a specialist list.

Lighthouse Project and Evatt List

Applications for parenting orders are assessed through an online risk screen (Family DOORS Triage) completed by parties after filing. This process, known as the Lighthouse Project, enables a Registrar to consider and make orders in relation to safety planning, service referrals and appropriate case management prior to the first hearing. Answers provided by parties in the risk screening process are confidential and inadmissible in the proceedings [Family Law Act 1975 (Cth) s 10Q-10W]. Cases will be assessed as:

High risk matters identified through the Lighthouse Project may be referred to the Evatt List which provides a focus on early information gathering and intervention, as well as active case management to limit Court-run events (i.e. hearings) and move matters towards trial as quickly as possible.

Parties will be asked to complete the online risk screen and, if appropriate, to participate in interviews (usually by phone) with members of the Court prior to the first hearing. Both the risk screening responses, any triage interviews and referrals are confidential and inadmissible in Court [Family Law Act 1975 (Cth) Part IIA].

The Lighthouse Project and Evatt List have been operating in Adelaide since December 2020 for applications relating to parenting (children) only. From 28 November 2022 the Lighthouse Project and Evatt List operate nationally, both for parenting only applications as well as applications for both parenting and property (financial).

[See Family Law Practice Direction - Parenting Proceedings , Lighthouse Project webpage and Guide for parties in the Evatt List on the Court website.]

Indigenous List

The Adelaide registry is amongst several registries which provide a modified case management process for Aboriginal and Torres Strait Islander litigants. Court hearings are more informal, with parties sitting at the bar table and all participants, including the Judge, sitting at the same level. Indigenous liaison officers may also be available to explain Court process, help parties engage in the proceedings and connect parties to legal and other support services. [See Indigenous List on the Court website.]

National COVID-19 List

Urgent or priority family law applications filed as a direct result of, or in significant connection to, the COVID-19 pandemic may receive priority hearings. Examples of applications which may be suitable include:

Matters are managed in a national list, heard electronically and are given a first hearing date within 3 to 7 business days of filing, depending on urgency. [See Family Law Practice Direction – National COVID-19 List or National COVID-19 List on the Court website.]

Critical Incident List

Applications by a non-parent carer where there is no parent available to care for the children because of the death, critical injury or incarceration (relating to or resulting from a family violence incident) of the parents are able to be fast tracked. Matters are managed in a national list, and should be given a first hearing date within 7 business days of filing. [See Family Law Practice Direction: Critical Incident List or Critical Incident List on the Court website.]

National Contravention List

Applications filed in relation to contravention of parenting orders (using the form Application – Contravention) are given priority to address the seriousness of non-compliance with orders. Matters are managed in a national list and are given a first hearing date within 14 days of filing. [See Family Law Practice Direction – National Contravention List or National Contravention List on the Court website.]

Major Complex Financial Proceedings List

This list is for property division applications with a contested net asset pool of $20 million or more and a complex dispute such as serious allegations of non-disclosure, serious disputes regarding valuations or substantial third-party claims to the asset pool. Any associated parenting dispute must be able to be resolved separately at a discrete hearing or through dispute resolution. As at August 2022, this List is operating in the Melbourne, Sydney and Brisbane registries, and for any matters in other registries which are able to be appropriately managed electronically. [See Family Law Practice Direction: Major Complex Financial Proceedings List.]

Priority Property Pools under $500,000 List

Certain registries (including Adelaide) have specific rules which apply where an application for property division is filed identifying net property of the parties, including superannuation, of less than $500,000. The matter must be about property only and there must be no related entities involved in the proceedings, such as family trusts, companies or self-managed superannuation funds). It is intended that the rules will result in more timely and lower cost solutions for parties. [See Family Law Practice Direction – Priority Property Pools under $500,000 and Guide for practitioners and parties in Priority Property Pools under $500,000 (PPP500) cases.]

The Family Law Act 1975 (Cth) makes family dispute resolution (such as mediation or conferencing) compulsory before applying to the Court for parenting orders. As a result, family dispute resolution providers and practitioners play a major role in the family law system [s 60I].

In addition, the pre-action procedures set out in the Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth) Schedule 1 (for both parenting and property matters) require the party considering filing the application to (if it is safe to do so) invite the other party to participate in dispute resolution and make a genuine effort to resolve the dispute by participating in dispute resolution.

Dispute resolution may not be suitable, or required, in urgent situations, such as if there are immediate safety concerns for children withheld by one parent.

For more information about family dispute resolution, see:

For a list of providers in South Australia, see the Family Dispute Resolution Register maintained by the Commonwealth Attorney-General's Department.

Family dispute resolution is a voluntary process and works best when both sides are on an equal footing - it may not be suitable where there has been family violence or where arrangements are unable to be made to ensure both people feel safe. Mediation can happen with all the people involved talking in the same room, or separate rooms may be arranged if people do not wish to see each other. Sometimes, but not always, lawyers can be involved in mediation and this can help to keep both sides on an equal footing.

The role of a mediator or conference chairperson is to help the parties discuss issues, consider options and work out agreements that suit them both. Mediators do not give advice so it is important to get legal advice before going to mediation.

A mediated agreement may be registered with the Court to make it legally binding. This can be done using the Federal Circuit and Family Court Consent Order Kit. It is advisable to have a lawyer prepare the form or, at the very least, to obtain independent legal advice about the proposed terms of the agreement.

Once Court proceedings have commenced, the Court can order that parties participate in further family dispute resolution [Family Law Act 1975 (Cth) s 13C(1)(b)]. Pursuant to the Central Practice Direction - Family Law Case Management, from 1 September 2021 the Court anticipates such further dispute resolution will take place within 5 months of the start of the proceedings [see item 5.26]. This may be private, community-based, legal aid facilitated or court-based [item 5.28].

All forms of dispute resolution, including mediation and conference, whether court-based or external, are confidential and evidence from them cannot be used in the Court proceedings [Evidence Act 1995 (Cth) s 131]. However, a certificate may be placed on the Court file as to whether the matter was resolved, in full or in part or not at all, and whether any of the parties failed to attend or make a genuine effort to resolve the issues in dispute [item 5.30].

Legal aid facilitated dispute resolution

The Legal Services Commission of South Australia offer lawyer-assisted dispute resolution where one of the parties is eligible for legal aid. A similar service is offered by legal aid commissions in other states and territories.

Court-based family dispute resolution

Where appropriate, court-based dispute resolution will take the form of:

The parties are expected to engage in good faith negotiations and make a genuine effort to resolve all issues in dispute or reduce the areas of dispute and record all agreements reached in writing [item 5.31].

The Court has a factsheet available on Court-based Family Dispute Resolution.

amica

National Legal Aid has developed an online service that helps separating couples reach agreement themselves about parenting and property issues. This low-cost service allows parties to reach and record agreements on a trusted secure online platform. While an invitation to negotiate through amica may result in a resolution, if it does not work out, participation through amica does not qualify as family dispute resolution for the purposes of obtaining a s 60I certificate. A section 60I certificate is required before filing an application with the Court in parenting matters, see Arrangements for children - Coming to an agreement. For more information about amica, see amica – Assistance reaching and recording agreements or visit the amica website (opens new window).

The Federal Circuit and Family Court of Australia operates pursuant to the Family Law Act 1975 (Cth) in conjunction with the:

The Adelaide family law registry of the Federal Circuit and Family Court is located at:

Roma Mitchell Commonwealth Law Courts Building

3 Angas Street, Adelaide SA 5000

GPO Box 9991 Adelaide SA 5001

Phone: 1300 352 000

Fax: (08) 8219 1625

Phones available: 8:30am - 5pm

Counter open: 8:45am - 4:30pm

General information is available on the Court's website fcfcoa.gov.au and information about a party's own matter can be obtained by calling the Family Law Court National Enquiry Centre on 1300 352 000.

The Legal Services Commission has a free duty lawyer and social support service at the Family Law Court Adelaide Registry - the Family Advocacy and Support Service (FASS). This is staffed during Court hours Monday- Friday.

Phone: (08) 8111 5300.