What is the Federal Circuit and Family Court of Australia?
The Federal Circuit and Family Court of Australia (FCFCOA) was created on 1 September 2021 by merging the former Family Court of Australia and the Federal Circuit Court. It is the primary court for family law matters in Australia, including divorce, parenting arrangements, and property settlement under the Family Law Act 1975.
Can I file in the FCFCOA without a lawyer?
Yes. Self-represented litigants, also called litigants in person, are entitled to represent themselves in the FCFCOA. The court provides a self-represented litigants service and dedicated resources to assist people who do not have legal representation. Many people successfully file and manage their own family law applications.
How do I file documents in the FCFCOA?
Most documents are filed through the Commonwealth Courts Portal at comcourts.gov.au. You create a free account, complete the relevant forms online, pay any applicable filing fee, and submit. The portal provides step-by-step guidance for common applications including divorce, parenting orders, and property orders.
What filing fees apply in the FCFCOA and are there fee waivers?
Filing fees vary by application type. As of 2026, a divorce application costs approximately $1,060 if filed online. Fee waivers are available if you hold a Health Care Card, Pensioner Concession Card, or can demonstrate financial hardship. Apply for the waiver at the time of filing through the Commonwealth Courts Portal.
What forms do I need to file for a divorce in Australia?
To apply for divorce you need to file an Application for Divorce using the form available through the Commonwealth Courts Portal. If you have children under 18 you must also file a Genuine Steps Certificate or similar document. The court will then schedule a hearing date, which you may not need to attend if the application is sole and not contested.
What is the difference between parenting orders and parenting plans in Australia?
A parenting plan is a written agreement between parents that is not legally enforceable. Parenting orders are made by the FCFCOA and are legally binding. If one parent does not comply with parenting orders, the other parent can apply to the court for contravention orders. Either party can apply for parenting orders at any time.
Do I need to attend family dispute resolution before filing in the FCFCOA?
In most cases involving parenting matters, yes. Section 60I of the Family Law Act 1975 requires parties to make a genuine attempt at family dispute resolution (mediation) before applying for parenting orders, unless an exemption applies such as family violence, child abuse, urgency, or the matter being purely procedural.
What is the best interests of the child principle in Australian family law?
Under section 60CC of the Family Law Act 1975, the primary consideration in any parenting decision is the best interests of the child. The court considers factors including the benefit of a meaningful relationship with both parents, the need to protect the child from harm, and the child's own views depending on their age and maturity.
Can property settlement orders be made without going to a full trial?
Yes. The majority of property settlement matters in the FCFCOA are resolved through consent orders, which are filed as an Application for Consent Orders along with a proposed order document. Both parties sign the consent orders and the court considers them in chambers. This avoids a trial entirely and is significantly cheaper and faster.
How does uplaw.ai help with filing in the FCFCOA?
Tell uplaw.ai about your family law situation — whether it involves divorce, parenting, property, or all three — and we will help you identify the correct forms, understand the filing process through the Commonwealth Courts Portal, and prepare your documents step by step.
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