Process · Courts
What happens at the Family Court / FCFCOA?
Most family-law cases in Australia are heard in the Federal Circuit and Family Court of Australia. Western Australia has its own Family Court. A case is a sequence of documents, events and duties — not a single dramatic day.
FCFCOA
Usual federal family court outside WA
FCWA
Western Australia’s specialist family court
No jury
A judge or other judicial officer hears the case
Many settle
Not every filing becomes a final trial
The usual shape of a case
- Pre-action — for parenting, attempt FDR unless an exception applies. For property, follow pre-action procedures and disclosure duties.
- File and serve — the correct application, affidavit if required, and genuine-steps or 60I material.
- First return — a short event about interim issues, safety, and a timetable. It is not the final trial.
- Evidence and dispute resolution — valuations, subpoenas, family report in some parenting cases, mediations.
- Interim hearings if needed — temporary arrangements.
- Final hearing if the case has not resolved — witnesses, cross-examination, judgment later.
That sequence is a teaching aid. Urgent applications, contravention lists and simplified processes exist. The notice of listing, not a blog, tells you what *your* event is for. Read it. If you do not understand a word on it, ask the registry or a lawyer before the morning it is listed.
What a courtroom is for
A family court is not a theatre for humiliating a former partner. Affidavits that are essays of grievance hurt the author. Judges read for facts that matter: safety, a child’s needs, a balance sheet, a disclosure gap. If you cannot say why a sentence helps a finding, delete it.
Electronic hearings are still hearings. A kitchen with a child asking for a snack is not a bar table. Wear something you would wear to a registry. Mute notifications. Do not record the event unless the court has said you may. Court recording rules are not optional internet etiquette.
Western Australia
WA is different. The Family Court of Western Australia is the specialist court. Do not file in the FCFCOA out of habit if WA is the correct forum. De facto financial law in WA has also had a different legislative history. Use local material.
Duty, disclosure and costs
Self-represented people have the same disclosure duties as represented ones. Family-law costs orders are not automatic — see Legal Aid and costs. Running a case as entertainment is how people fund someone else’s barrister.
Safety at court
If you are afraid to be in a building or a video room with the other party, say so early. Registries and lawyers can talk about safe rooms, staggered arrivals and remote appearances. Read family violence. Do not use a contact form on this site as a safety notice to a court. The court cannot see it.
This page summarises publicly available Australian family-law concepts under the Family Law Act 1975 (Cth) and related court and agency materials. It is educational only. Confirm current forms, fees, time limits and practice directions with the Federal Circuit and Family Court of Australia (or the Family Court of Western Australia), Services Australia, Legal Aid and a qualified lawyer. We do not host official court forms.
This website publishes general information about Australian family law. It is not legal advice, is not a substitute for advice from a qualified lawyer, and does not create a solicitor–client relationship. Family law is fact-specific. Statutes, court rules and agency processes change. Confirm current requirements with official sources and obtain personalised advice before you act.
Questions people ask
What happens at the Family Court / FCFCOA?+
After filing and service, a case is usually listed for a first court event. The court may make interim or procedural orders, send people to further dispute resolution, and set a timetable for evidence. Only some cases reach a final hearing. Many resolve earlier.
Which court do I use?+
If you live in Western Australia, start with the Family Court of Western Australia. Elsewhere, the FCFCOA is the usual federal family court. State magistrates courts can handle some federal family-law work in limited situations — check current arrangements rather than assuming the nearest building is correct.
Do I have to attend in person?+
Many events are electronic. The notice of listing tells you. Dress and speak as if you are in a courtroom even if you are on a laptop. Do not have a child in the room unless the court has asked for that.
Will there be a jury?+
No. Family-law trials are heard by a judge (or other judicial officer). There is no jury.
Need personalised advice?
This site can explain the map. A qualified Australian family lawyer can apply it to your facts. If you are in danger, call 000 or 1800RESPECT on 1800 737 732.