Family Law Jurisdictions - PowerPoint Presentation

Presentation on theme: "Family Law Jurisdictions"— Presentation transcript

Slide1

Family Law Jurisdictions

Where does your matter stand in the Court Hierarchy? Slide2

Jurisdiction?

T

his 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 Slide3

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

(Full) Federal Court of Australia

Full Court of Family Court

(Appeals only )

High Court (Appeals only)

Family Court of Australia:

Validity and nullity of marriage

Complex family law

Overseas maintenanceChild abduction Authorise marriageLegitimacy of marriageAssociated 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 provisionAdoptionWelfare inheritance/Wills

Children’s Court

- Care and protection of children and young persons

AAT:

Merits review of decisionsRevoking DPO Issuing DACSecurity for returning Australia

Appeal

Appeal

Appeal

Appeal

Appeal

Appeal

Appeal

Appeal

Appeal

Via District Court