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Federal Circuit and Family Court of Australia

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 – referral for immediate action with a Family Counsellor and then considered for management by the Evatt List
  • Moderate risk – safety planning and service referrals offered, with consideration of Family Dispute Resolution through a specialised team
  • Low risk – Family Dispute Resolution usually ordered, either internally through the Court or through a private mediator

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:

  • Escalation of family violence or increase in risk of family violence associated with the pandemic, including suspension of parenting orders due to a family violence order;
  • COVID-19 vaccinations for children;
  • Inability to fulfil parenting obligations due to a parent or child’s COVID-19 positive status, isolation requirement or medical complications as a result of a COVID-19 infection;
  • Difficulty complying with supervised contact orders or a failure to resume suspended time spending following the easing of restrictions;
  • Urgent financial distress relating to the COVID-10 pandemic; or
  • COVID-19 related employment (i.e. health worker) impacting parenting arrangements or compliance with orders.

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.]

Federal Circuit and Family Court of Australia  :  Last Revised: Mon Aug 22nd 2022
The content of the Law Handbook is made available as a public service for information purposes only and should not be relied upon as a substitute for legal advice. See Disclaimer for details. For free and confidential legal advice in South Australia call 1300 366 424.