Key takeaway: Family law matters are handled by the Federal Circuit and Family Court of Australia. Before filing, you must complete pre-action procedures — including attempting dispute resolution. A contested case moves through interim hearings and procedural steps to a final hearing, often taking one to three years. Mediation is required before parenting applications and can resolve matters at any stage, even after proceedings begin.
The Federal Circuit and Family Court
Since 2021, family law matters in Australia (outside Western Australia) are handled by the Federal Circuit and Family Court of Australia — a single court with a streamlined structure designed to resolve matters faster and encourage settlement. Western Australia has its own Family Court of Western Australia. The court deals with parenting, property and financial disputes that can't be resolved by agreement.
Facing the prospect of court? Mediation can often resolve things first — and faster. Talk to us.
Book a free consultation →Pre-action procedures come first
You can't simply file and head to a hearing. The court requires pre-action procedures: genuine attempts to resolve the dispute first, exchanging relevant documents, and — for parenting matters — attempting family dispute resolution and obtaining a Section 60I certificate. Skipping these steps without an exemption can have consequences, including costs orders. See the pre-court mediation requirement →
The stages of a court case
- Filing — the application and supporting documents are lodged.
- First court date — the matter is assessed and directions are given.
- Interim hearings — temporary orders may be made for urgent issues.
- Procedural steps — disclosure, valuations, family reports, and further dispute resolution.
- Final hearing — if still unresolved, a judge hears the evidence and decides.
Notably, the court actively pushes parties toward settlement at every stage — most matters resolve before a final hearing.
How long does it take?
A contested family law matter commonly takes one to three years from filing to a final hearing, depending on complexity and court workload. Interim issues may be dealt with sooner, but the full process is slow — one of the strongest arguments for resolving by agreement. Compare that to weeks for mediation →
The final hearing
If a matter reaches a final hearing, both parties present evidence and are cross-examined, and the judge makes binding orders. It's the most expensive, stressful and uncertain stage — and you hand the decision entirely to the judge. Very few matters reach this point, and for good reason. See why mediation is the smarter path →
Don't let your matter drag through years of court. Most disputes can resolve far sooner. Book a consultation.
Book a free consultation →Procedural and final orders
Throughout a case the court makes procedural orders (directions managing the case — timetables, disclosure, reports) and ultimately final orders (the binding decision resolving the dispute). Interim orders can also be made along the way for urgent matters. Breaching court orders has real consequences — see our guide on orders and breaches.
Mediation throughout the process
Here's the key point: mediation isn't only a pre-court step — it remains available, and valuable, at every stage. Many matters that begin in court are resolved through mediation partway through, ending the litigation early and saving the parties from a final hearing. It's never too late to step off the court path and resolve by agreement. See how mediation works →