From 1st September 2021, the Family Court and the Federal Circuit Court will merge and become one court. This will be the same Court system across the country (except for WA) and that court circuits regularly to Mackay from the registry in Rockhampton.
All applications for orders under the Family Law Act will be made to the same Court, whether that is in Mackay, Rockhampton, or elsewhere. The requirement for parents to attempt mediation before issuing an application to the Court will remain unless you qualify for an exemption from that requirement. (Give us a call if you would like advice regarding the possible grounds for exemption).
Previously applications that were only for property settlement orders only did not require an attempt to mediate an outcome before issuing an application in the Federal Circuit Court, but it was necessary to attempt to resolve matters before issuing an application in the Family Court.
In the new system, it will be a requirement to attempt to resolve matters by negotiation or mediation before an application for property settlement can be made to the Court. There will still be exemptions in certain situations.
It is usually a good idea to try and resolve family law issues without going straight to Court if at all possible, so at Family Lawyers Mackay we are in tune with this approach. We will give you honest, practical advice, we will help you resolve the situation by agreement if that is possible, and we will represent you at the Court in Mackay or elsewhere if that is necessary.
Whether you have a new family law situation that needs to be dealt with, or you have existing orders that either no longer suit the situation or are not being followed, early advice from an experienced family law team is crucial in making the best decisions about how to proceed.
Call the Friendly Team at Family Lawyers Mackay for advice tailored to your situation. (07) 4847 0198
