In the Federal Circuit and Family Court of Australia, there are two primary divisions, being Division 1 and Division 2.
It is important to obtain personalised legal advice to ensure that your matter is placed in the most appropriate division at the right time. If your matter is placed in the wrong division, a Family Lawyer can take action to ensure your case is heard in the appropriate forum, avoiding delays and ensuring a fair resolution.
Key Differences between Division 1 and Division 2 in the FCFCOA
Summary of Differences and Similarities:
- Complexity: Division 1 deals with more complex, high-value cases, while Division 2 handles simpler, lower-value cases.
- Cases Handled: Both Division 1 and Division 2 will handle matters concerning the following issues:
- Parenting disputes (e.g., custody, time with children, decision-making responsibility).
- Property settlement disputes (dividing marital assets and debts).
- Spousal maintenance (one party seeking financial support after a relationship breakdown).
- Child support issues.
- Hearing Times: Final Hearings in Division 2 can be no more than 4 days in length. This means that if your matter is anticipated to exceed 4 days, then it will need to be transferred to Division 1 for determination.
With the exception of appeals, all Family Law matters will now begin in Division 2, meaning there is a single-entry point for all Family Law matters.
After filing your application and at the first hearing of your matter, a Registrar will consider the issues in dispute and then determine if the application should proceed in Division 1 or Division 2.
Your matter may remain in Division 2 for a lengthy period of time before being moved to Division 1.
It is important to engage a Specialist Family Lawyer to ensure that your matter is placed in the correct Division, particularly if your matter is complex or if a Final Hearing is anticipated to exceed 4 days.
If your case has been incorrectly allocated, it can cause delays, extra costs, and complications. A Family Lawyer can help correct the issue and ensure your matter is handled efficiently.
