Family Law Jurisdictions

1. Family Law Jurisdictions Where does your matter stand in the Court Hierarchy?

2. This is the power the Courts use to hear your subject matter • Authorised under a Statute • Original Jurisdiction – can hear the matter • Appellate Jurisdiction – can review another Court’s decision on the matter via an appeal Jurisdiction?

3. Court Hierarchy: Jurisdictions and Avenues of Appeal High Court (Appeals only) State Jurisdiction Federal Jurisdiction Appeal Appeal Full Court of Family Court (Appeals only ) (Full) Federal Court of Australia Appeal Appeal Appeal • Family Court of WA • State court with federal jurisdiction • Same as Family Court of Aus • + non-federal jurisdiction • Family Court of Australia: • Validity and nullity of marriage • Complex family law • Overseas maintenance • Child abduction • Authorise marriage • Legitimacy of marriage • Associated and accrued jurisdiction • AAT: • Merits review of decisions • Revoking DPO • Issuing DAC • Security for returning Australia Appeal • Supreme Court • De facto property and maintenance • Family provision • Adoption • Welfare • inheritance/Wills Appeal • Federal Circuit Court: • Less complex family law • Divorce (not nullity or validity) • Maintenance of children • Parenting • Financial • Enforcement and injunctions Appeal AppealVia District Court Children’s Court - Care and protection of children and young persons SSAT: - Review of decision made by Child Support Agency