Property settlement matters are generally heard in the Federal Magistrates Court of Australia. Most matters are heard here, however the more complex and complicated matters are heard at the Family Court of Australia.
The Family Court describes its jurisdiction as follows:
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Parenting cases that may involve multiple parties, including those that involve a child welfare agency and/or allegations of sexual abuse or serious physical abuse of a child (Magellan cases), family violence and/or mental health issues.
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Parenting cases where orders sought have the effect of preventing a parent from communicating with or spending time with a child, multiple expert witnesses, complex questions of law and/or special jurisdictional issues, international child abduction under the Hague Convention, special medical procedures and international relocation
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Financial cases that involve multiple parties, valuation of complex interests in trusts or corporate structures, including minority interests, multiple expert witnesses, complex questions of law and/or jurisdictional issues (including accrued jurisdiction) and complex issues concerning superannuation (such as complex valuations of defined benefit superannuation schemes).
In NSW, Family Courts are located in Sydney CBD, Parramatta, Wollongong, Newcastle, and Coffs Harbour.
The Federal Magistrates Court is located in Sydney CBD and Parramatta.
If you wish to file for court proceedings, you will be required to complete a Form 1 Application for Final Orders. You may complete the form yourself, however, as you are planning to proceed to court action, a legal representative is essential.
How can Prime Lawyers help you?
At Prime Lawyers, we have a number of Family lawyers who are experienced in representing clients in the Family and Federal Magistrates Courts. We will assist you with any procedural issues and direct the matter in a way which will ensure the best outcome is achieved for you.