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Federal Circuit and Family Court of Australia

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Need expert criminal lawyer at your next court appearance at Federal Circuit and Family Court of Australia?

The Federal Circuit and Family Court of Australia (FCFC) is a court formed in September 2021 from the merger of the Federal Circuit Court of Australia and the Family Court of Australia.

The FCFC has jurisdiction over family law in Australia, apart from in Western Australia, and other areas of law such as bankruptcy, copyright, human rights, and industrial law.

The court is responsible for handling family law matters, including divorce, child custody, and property settlements.

Are you going to Federal Circuit and Family Court of Australia?

Court Locations

The court has a range of locations across Australia, with registries in each state and territory.

New South Wales

Albury
Level 1, 463 Kiewa Street Albury NSW 2640

Dubbo
Cnr Macquarie and Wingewarra Streets Dubbo NSW 2830

Lismore
Westlawn Building Level 2, 29–31 Molesworth Street Lismore NSW 2480

Newcastle
61 Bolton Street Newcastle NSW 2300

Parramatta
Garfield Barwick Commonwealth Law Courts
1–3 George Street Parramatta NSW 2123

Sydney
Lionel Bowen Commonwealth Law Courts
97–99 Goulburn Street Sydney NSW 2000

Wollongong
Level 1, 43 Burelli Street Wollongong NSW 2500

Federal Circuit and Family Court of Australia

Structure of the FCFC

The FCFC comprises 2 divisions: Division 1 and Division 2. Division 1 deals only with family law matters, while Division 2 deals with both family law and general federal law matters.
The FCFC operates under the leadership of one Chief Justice with the support of one Deputy Chief Justice, who each hold a dual commission to both Divisions of the FCFC. There is also a second Deputy Chief Judge (General and Fair Work) of the FCFC (Division 2).

Judicial Expertise
People appointed to either division of the FCFC will need to satisfy additional appointment criteria to ensure they have the necessary knowledge, skills, experience, and aptitude to deal with family law matters, including those involving family violence.

The court has a strong focus on judicial expertise in family law, with judges and registrars trained to handle complex family law matters.

Case Management Approach

The FCFC has a single point of entry for all family law matters, which will be filed in the FCFC (Division 2).
Judges and registrars will lead a common case management approach for all matters, prioritizing urgent and high-risk cases.

All cases will be allocated at the earliest possible point to the most appropriate judge in the most appropriate division.

Rules of Court
The Chief Justice and Chief Judge are obliged to work cooperatively to ensure common rules of court and forms, and common practices and procedures across both divisions of the FCFC.

The Chief Justice and Chief Judge have the power to make the rules of court for their respective divisions for the first 18 months after the new court structure commences.

The Chief Justice and Chief Judge have made a single set of harmonised court rules for family law and child support matters that will apply to both divisions of the FCFC.

Family Law Matters

The Court’s family law jurisdiction includes family law matters, such as parenting orders, property settlements, and spousal maintenance.
The court handles family law cases, including those related to family law.

The court has a strong focus on family violence, with specialized judges and registrars trained to handle these complex matters.

Alternative Dispute Resolution

The court encourages dispute resolution to avoid litigation, with a range of alternative dispute resolution (ADR) options available.

ADR options include mediation, conciliation, and arbitration.

The court has a strong focus on dispute resolution, with judges and registrars trained to facilitate ADR processes.

Court Processes

Service of Documents
Documents must be served on all parties to a proceeding, in accordance with the court’s rules.

Service can be effected by hand, post, or electronically.

The court has a range of resources available to assist with service of documents, including online guides and court staff.

Court Orders and Enforcement

The court’s decisions are binding and enforceable, providing a sense of security and stability for families.

The court has a range of options available for enforcing court orders, including contempt proceedings and enforcement warrants.

The court has a strong focus on enforcement, with judges and registrars trained to ensure that court orders are complied with.

Support Services

Family Consultants
The court has a team of family consultants who provide expert advice and assistance to judges and registrars.

Family consultants are trained to assess the needs of families and provide recommendations for court orders.

The court has a strong focus on family consultants, with a range of resources available to support their work.

Independent Children’s Lawyers
The court has a team of independent children’s lawyers who represent the interests of children in family law proceedings. Independent children’s lawyers are trained to assess the needs of children and provide recommendations for court orders.

The court has a strong focus on independent children’s lawyers, with a range of resources available to support their work.

Appeals and Reviews

  • The court has a range of options available for appealing or reviewing court decisions.
  • Appeals can be made to the Full Court of the FCFC or the High Court of Australia.
  • The court has a strong focus on appeals and reviews, with judges and registrars trained to ensure that decisions are made in accordance with the law.

Circuit and Family Court Reforms

  • The court has undergone significant reforms in recent years, with a focus on improving efficiency and reducing delays.
  • The court has implemented a range of initiatives to support these reforms, including the use of technology and alternative dispute resolution.
  • The court has a strong focus on reform, with a range of resources available to support parties who may be affected by changes to the court’s processes.

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FAQs

Frequently Asked Questions.

If you’re a party to a case in the NSW Local, District or Supreme Court, you can use the NSW Online Registry website to:

  1. Search for cases.

  2. View case information.

  3. Download case documents (such as judgements and court orders)

  4. View court dates.

The most recently published judgments and decisions are listed on the NSW Caselaw homepage. To find judgments or decisions of a particular court or tribunal, use the Caselaw advanced search and browse pages.

It is open to the public, but attendance is required in person. Please adhere and check the latest court memorandums regarding attendance.

It is open to the public, but attendance is required in person. Please adhere and check the latest court memorandums regarding attendance.

The short answer to this question is no. When you are arrested for a crime, this process is executed by police however they are not the legal officers who then prosecute your matter. The police gather evidence for the prosecution in an aim to convict you of your crime but the physical task of trying to prove you are guilty is that of the prosecutor.

Police must ensure that the evidence they provide to the prosecutor will likely result in the outcome they are seeking and that the evidence was obtained legally and within their police powers. The reliability of the evidence lies with the police who worked on the matter. The police must ensure it is air tight to effect a good outcome. In circumstances like this, it is best to reach out to a lawyer for legal help.

In Criminal Law, Bail refers to a situation in which a person who is accused of a criminal offence is released from the custody of police officers, in exchange for a “bail undertaking”. A bail undertaking usually refers to where a person known to the accused person, provides an undertaking to the Court that if the accused person fails to comply with bail, including any bail conditions, they are liable to pay a sum of money. 

Our criminal lawyers cover a multitude of areas, including more serious offences. Including but not limited to:

Family Violence
Family violence is among the most common cases we encounter, with both men and women subject to institutional abuse. While it doesn’t necessarily entail sexual abuse, in many cases, it does, and sexual assault is part of the Criminal Code. We handle such cases with confidentiality and cautiousness to ensure the best possible compensation outcomes.

Children-related Issues
The children’s court is frequently confronted with issues of child protection, children’s rights, custody arrangements as a result of divorce, parental responsibilities, and more.

Because we understand how far the impacts of such situations can go in the memories of children, we work rapidly and efficiently to establish protective measures against children’s trauma and minimize time spent in a children’s court. You and your children are fully protected with us!

Drugs
We have a track record of achieving outstanding results when it comes to drug offence charges, ranging from demolishing the possibility of a criminal conviction, dropping charges through negotiations, securing “not guilty” verdicts in court trials, and more.

Our drug offences include commercial drug charges, drug importation charges, drug possession charges, and cultivating prohibited plant charges. We also work with minor possessions of prohibited drug offences, providing you with legal assistance and representation throughout the process!

Fraud

Fraud is considered one of the most scheming criminal offences, and accordingly, it is punished severely by the court system’s penal code and criminal code. As specified by Australia’s penal code, the penalties can go as high as ten years of imprisonment.

Accordingly, understanding the criminal law adequately and reaching out for professional legal advice to be your intermediary with the criminal justice system is a must. We also cover in forgery, identity crimes, tax fraud, Medicare fraud, and ID fraud.

If your bail has been denied in the Local Court, you may be able to make another bail application if you can prove:

1. There has been a change of circumstance to warrant another bail application, or

2. There is new evidence that wasn’t available at the time of the initial bail application.

Alternatively, you can apply for Supreme Court bail if you have been bail refused. You will need:

a) A fixed address including an affidavit from someone you will be living with stating you are allowed to live there

b) Bail conditions you want and are able to comply with

c) Character references

d) JusticeLink case number for matters

e) If you want bail to attend rehab, you will need to organise your own rehabilitation. You will also need a letter from a rehab facility stating you have been accepted and the date of your admission

Indictable offences are more serious charges than summary offences. Each section in the Crimes Act sets out the elements of an offence and the maximum penalty. However, depending on the facts of the case and the evidence available, the penalty can be anywhere between charges being dropped and the maximum penalty for the offence. It is important that you seek legal advice and assistance to determine how serious your specific case is, regardless of how serious the charge actually is. In many cases, your lawyer may make representations to the police setting out reasons why some or all charges should be dropped and this will save you the hassle of having to go to court or at least avoid a hearing.

There are a number of reasons you could be refused bail. These include:

a) You are accused of an offence that is a show cause offence – you will automatically be refused bail unless you can show cause as to why you should be granted bail e.g. a serious indictable offence such as wounding or inflicting grievous bodily harm (if previously convicted), sexual intercourse with a person under the age of 16 years and you are over the age of 18, etc.

b) The nature and seriousness of the offence.

c) Your criminal history.

d) The strength of the prosecution case.

e) Previous failure to comply with bail.

f) The likelihood of a custodial sentence.

g) Unacceptable risk of committing a serious offence or endangering the victim, individual or community

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