Finding out which court handles a family law matter is often simpler than it looks. One court deals with almost every family law application in Australia, including property settlements, divorce and parenting arrangements, and that court has registries and circuit locations across Queensland.
The Federal Circuit and Family Court of Australia hears property, parenting and divorce matters under the Family Law Act. Most applications are filed online through the Commonwealth Courts Portal, and Queensland residents can select their nearest hearing location when they file.
Our lawyers in Springfield help clients across Greater Springfield and Ipswich with family law matters, including filing the right application with the right registry.
Here is how Queensland's family law court registries work, and what to expect when a matter needs to be filed.
Key takeaways
- One national court hears almost all family law matters in Queensland.
- Most applications are filed online through the Commonwealth Courts Portal.
- Queensland has four registries and five circuit hearing locations.
This article is general information only and is not legal advice. Every situation is different, and you should speak with a solicitor about your own circumstances.
Which court deals with family law matters in Queensland?
The Federal Circuit and Family Court of Australia handles property settlements, divorce, parenting arrangements and spousal maintenance across Queensland, according to the Court itself. Family law is Commonwealth law and applies in the same way in every Australian state and territory.
The Court operates in two divisions. Division 1 deals with the most complex disputes, and the Court decides which division is appropriate for a particular matter. Queensland Magistrates Courts can deal with some minor family law matters, depending on where a person lives, according to Legal Aid Queensland.
A divorce is filed separately from property or parenting proceedings. The Court makes clear that financial, property and parenting applications cannot be added to divorce proceedings.
What are the Queensland registries and circuit locations?
Queensland has four court registries where documents can be filed and matters are heard, according to the Federal Circuit and Family Court of Australia. These are Brisbane, Cairns, Townsville and Rockhampton.
Queensland registries:
- › Brisbane: located at the Harry Gibbs Commonwealth Law Courts Building, 119 North Quay, Brisbane.
- › Cairns, Townsville and Rockhampton: regional registries that can receive filings and hold hearings.
In addition, the Court holds circuit hearings at Bundaberg, Hervey Bay, Mackay, Maroochydore and Toowoomba. A circuit location is for hearings only. Documents cannot be filed there, according to the Federal Circuit and Family Court of Australia. Matters listed at a circuit location are filed through the Commonwealth Courts Portal or at the Brisbane Registry.
For clients in Greater Springfield and Ipswich, the Brisbane Registry at North Quay is the nearest listed registry.
How does eFiling work, and do you have to attend court?
Most applications are filed online through the Commonwealth Courts Portal, where the applicant selects the location for the hearing, according to the Federal Circuit and Family Court of Australia. An Initiating Application and consent orders can both be eFiled. A person who cannot eFile can file in person or by post at a court registry.
Electronic hearings are available. A hearing may be held by video link or telephone on a party's request or the Court's direction, according to the Federal Circuit and Family Court of Australia. This can matter significantly for clients who are posted away or who live outside a registry city.
A financial case also requires a Financial Statement and a Genuine Steps Certificate, according to the Federal Circuit and Family Court of Australia. Before filing, parties must attempt dispute resolution where it is safe to do so and exchange documents. A response to an application is due within 28 days of service.
What do you need to do before filing?
Steps that must be taken before applying to the court are known as pre-action procedures, according to the Federal Circuit and Family Court of Australia. For a financial case this includes attempting dispute resolution and exchanging documents. An exemption applies where family violence is alleged.
Documents commonly exchanged before filing include:
- › The three most recent tax returns and notices of assessment for each party.
- › Recent business activity statements where a party has an Australian Business Number.
- › Financial statements for any company, trust or partnership in which a party has an interest.
- › A market appraisal of any item of property where value is not agreed.
The duty of disclosure applies to all parties from before the case starts and continues until it is finalised, according to the Federal Circuit and Family Court of Australia. Every source of income, property and financial resource must be disclosed, whether held directly or through a trust, company or other structure.
"Family law is Commonwealth law, so the same court, the same rules and the same time limits apply whether someone lives in Springfield, Cairns or Perth."
Jade Kickbusch, Principal, Brookwater Legal
How does a solicitor help with a family law application in Queensland?
A solicitor guides each step of the process, from working out which type of application is needed to preparing the documents and complying with the pre-action procedures, according to the Federal Circuit and Family Court of Australia.
Step 1: Talk to us
Get in touch and we'll explain how the process generally works and what the next steps look like.
Step 2: Identify the right application
We identify what type of application is needed, whether that is a property matter, divorce, parenting arrangements or a combination, and confirm the correct time limits apply to the particular circumstances.
Step 3: Prepare the documents
We prepare the application, the Financial Statement and any supporting material, and assist with satisfying the pre-action procedures before filing through the Commonwealth Courts Portal at the Brisbane Registry.
Step 4: Represent you through the process
We manage communications with the other side, attend directions hearings and, where the parties reach agreement, assist with filing consent orders so the arrangement becomes a binding court order.
| Get in touch Need help with a family law matter? We're an experienced team who keep you well informed at every stage of the process. Get in touch to discuss your needs. |
When does the time limit to apply start running?
Time limits for applying for property or financial orders are set by the Family Law Act, according to the Federal Circuit and Family Court of Australia. For married couples, the limit is 12 months from the date the divorce order takes effect. For de facto couples, it is two years from the date the relationship broke down.
An application made after those periods generally requires the Court's permission, which is not automatic. Time limits do not apply to child support and child maintenance.
Divorce is a separate process. The parties must have been separated for at least 12 months before applying. Granting a divorce does not decide property, finances, maintenance or parenting arrangements, according to the Federal Circuit and Family Court of Australia.
When does it matter that Ipswich has no listed registry?
Neither Ipswich nor Springfield appears on the Federal Circuit and Family Court of Australia's list of Queensland court locations. That is the normal position for most Queensland towns. It means that for residents in the Ipswich and Greater Springfield area, the Brisbane Registry at North Quay is where documents are filed and, for most matters, where hearings take place unless an electronic hearing is arranged.
Electronic hearings are available on request or by the Court's direction, and many directions and interim hearings are now conducted by video link, according to the Federal Circuit and Family Court of Australia. For straightforward matters, or where the parties have reached agreement, attending court in person is often not required at all.
What makes this different from what many people assume?
A common assumption is that filing a family law application means attending a local courthouse in person. In practice, most applications are filed online, and many hearings are held electronically. The court is one national court, not a Queensland court: the Family Law Act is Commonwealth legislation, and its rules apply uniformly across Australia.
Another area of confusion is the relationship between divorce and property. Many people assume that once a divorce is granted, finances are automatically resolved. They are not, according to the Federal Circuit and Family Court of Australia. Property and financial orders are a separate application, subject to separate time limits, and can be sought before a divorce is finalised.
Frequently Asked Questions
Which court handles family law matters in Queensland?
The Federal Circuit and Family Court of Australia handles almost all family law matters, including property settlements, divorce and parenting arrangements, according to the Court itself. Queensland Magistrates Courts can deal with some minor family law matters depending on location, according to Legal Aid Queensland.
Does the Federal Circuit and Family Court of Australia sit in Ipswich QLD?
No. The Federal Circuit and Family Court of Australia does not list Ipswich or Springfield as a Queensland registry or circuit location. The nearest listed registry for residents in the Ipswich and Greater Springfield area is Brisbane, at 119 North Quay, according to the Court's published locations.
Do I have to go to court in person for a family law matter in Queensland?
Not always. Electronic hearings by video link or telephone are available on a party's request or the Court's direction, according to the Federal Circuit and Family Court of Australia. Where parties have agreed and filed consent orders, personal attendance is often not required.
How long do married couples have to apply for a property settlement in Queensland?
Married couples generally have 12 months from the date a divorce order takes effect to apply for property or financial orders, according to the Federal Circuit and Family Court of Australia. Applications made after that period generally require the Court's permission, which is not automatic.
Does a divorce order resolve property and finances in QLD?
No. Granting a divorce does not decide finances, property, maintenance or parenting arrangements, according to the Federal Circuit and Family Court of Australia. Property and financial orders are a separate application with separate time limits.
Do you need a solicitor for a family law application in Springfield or Ipswich QLD?
Legal advice is not required before filing, but the Federal Circuit and Family Court of Australia recommends getting independent legal advice about the effect of any proposed orders. A solicitor helps identify the right application, meet the pre-action procedures and prepare the documents correctly. Our family law team assists clients across Greater Springfield and Ipswich.
Can financial or property applications be added to divorce proceedings in Queensland?
No. Financial, property and parenting applications cannot be added to divorce proceedings, according to the Federal Circuit and Family Court of Australia. Divorce is a separate process and must be filed separately from any property or parenting application.
Your Next Steps
Knowing which registry to use and how the process works is a meaningful first step. For residents in Ipswich and Greater Springfield, most family law applications are filed at the Brisbane Registry or online, with hearings often conducted electronically. Getting the application right from the outset, including satisfying the pre-action procedures and meeting the time limits that apply to the particular circumstances, is where legal advice makes a practical difference.
If you're working through a family law matter, the right advice early makes the process simpler. Contact the Brookwater Legal team or call (07) 3437 8555 to talk through where you stand.
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External Resources
- Federal Circuit and Family Court of Australia: Finances and property overview
- Federal Circuit and Family Court of Australia: Court locations
- Federal Circuit and Family Court of Australia: How do I eFile?
- Federal Circuit and Family Court of Australia: Divorce overview
- Legal Aid Queensland: Which court?
Brookwater Legal · This article contains general information only and does not constitute legal advice. It does not take into account your individual circumstances. You should obtain legal advice about your own situation before acting on anything in this article. Liability limited by a scheme approved under Professional Standards Legislation.
