Going to court

Preparing for court

Check your court date, time and location

It is important to check:

• the date and time you need to attend court
• whether your hearing will be by telephone, Webex, or in person.

If you are attending by phone, you should check you have the phone number ready. You can find the phone number and dial in details on the daily court lists, above the name of the presiding judicial officer.

If you are attending by video conference, you can find the link:

• on the daily court lists, above the name of the presiding judicial officer, or
• the Commonwealth Courts Portal, in the Court Events and Orders section.

If you are attending in person, you should check:

• the address of the court
• how long it will take you to get to court
• where to park your car
• your bus or train timetable.

You can find the details of your next court event on the Commonwealth Courts Portal or the Daily court lists from 4pm the day before the event.

If you have trouble remembering important dates, set yourself a reminder.

Finding your courtroom

If you are attending court in person, you should arrive at least 30 minutes early. This will give you time to go through security and find your courtroom. 

To find your courtroom, look for the court lists in the foyer of the courthouse. If you can’t find the court lists, speak to the registry. 

 You can check the Daily Court Lists online on the Federal Circuit and Family Court of Australia website the day before the hearing. You should still check the court lists at the courthouse on the morning of the hearing, to make sure your hearing has not been moved to another courtroom.

Safety at court

If you are concerned about your safety while attending court, you should speak to the Court registry at least five working days before the hearing.

The Court can take steps to ensure your safety, including:

• using the safe room
• entering and leaving the courthouse from a different exit
• attending by telephone or video
• having a support person at court
• closing the Court to the public
• excluding certain people from being in the courtroom.

For more information, see Safety at court on the Federal Circuit and Family Court of Australia website.

Interpreters and court support

If you need an interpreter, you should arrange one before the hearing.

If you can’t afford an interpreter, the Court may arrange one for you. You should contact the Court at least two weeks before the hearing to arrange an interpreter.

For more information, see Interpreter policy and guidelines on the Federal Circuit and Family Court of Australia website.

If you have a disability, medical condition or other special needs that means you require support from the court, you should contact the Court at least one week before the hearing. 

For more information, see Court support on the Federal Circuit and Family Court of Australia website.

You can bring a support person with you to court. This may be a friend or relative. Your support person will not be allowed to speak for you or sit at the bar table with you.

Priority Property Pool (PPP) Cases

There is a special process for finance and property cases with a small property pool, known as the Priority Property Pool (PPP). This is a simpler, faster process designed to reduce the cost of court proceedings by finalising cases as quickly and inexpensively as possible.

 Your case may be designated a PPP case if:

• you are only asking for property or maintenance orders
• the net value of your assets, excluding superannuation, is less than $550,000.

Even if you don’t meet these criteria, the court has the discretion to deal with your case as a PPP case. The court can do this where the net value of your assets is not significantly greater than $550,000 and it is appropriate to do so, for example, because of family violence allegations.

Your case won’t be a Priority Property Pool case if it involves:

• a family trust, company or partnership the value of which is contested
• parenting
• child support
• child maintenance
• contravention of court orders
• enforcement of court orders.

For more information, see Priority Property Pool Cases (PPP Cases) on the Federal Circuit and Family Court of Australia website.

What the court considers

When hearing an application for property orders, the court must first decide whether it is just and equitable to make orders. The court can't make orders unless it is satisfied, in all the circumstances, that it is just and equitable to make orders. It doesn't have to make orders just because a person has applied for them. What is just and equitable will depend on the circumstances of each case.

If the court decides it is just and equitable to make orders, it has the discretion to make such orders as it considers appropriate in the circumstances. When deciding what orders are appropriate in the circumstances, the court must consider the contributions and the future requirements of you and your ex-partner, including:

• your age and health
• your current income and earning capacity
• the effect of an order on the earning capacity of you and your ex-partner
• the payment of child support.

Property orders

The court can make a wide range of orders, including orders:

• to transfer ownership of property to another person
• to sell the family home
• dividing personal property
• splitting superannuation
• for one person to pay the other person a sum of money.

For more information, see Finances and property: We cannot agree on the Federal Circuit and Family Court of Australia website.

Costs in property and maintenance cases

Generally, both parties have to pay their own legal costs in family law cases. However, the court can order one party to pay some or all of the other party’s legal costs if there are circumstances that justify it making an order.

For more information, see Costs in property and maintenance cases.

Death of a party

If your ex-partner dies when your case is still in court, the court may allow you to continue your case against the estate of your ex-partner.

The court can make finance and property orders if:

• it would have made an order regarding your ex-partner’s property if they hadn’t died, and
• it is still appropriate to make an order regarding this property.

The court will make the orders it considers are appropriate.

You can enforce any orders made by the court against the estate of your ex-partner.

For more information, see Finances and property: Compliance and enforcement on the Federal Circuit and Family Court of Australia website.