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

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Presentation transcript:

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

Jurisdiction? 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

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

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