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Where am I now? Lawlink > Local Courts > Family Matters
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Family Matters
The Local Court sometimes deals with Family Matters, including Family Law proceedings and cases involving Domestic Violence.
Family Law
Domestic Violence
Support Services
Power of Attorney
Enduring Guardianship
Family Law
Most Family Law matters, such as divorce, are dealt with by the Family Court of Australia or the Federal Magistrates Court of Australia.
What's heard by the Family Court of Australia?
The Family Court of Australia has jurisdiction under the Family Law Act 1975 to hear and determine a wide range of matters including divorce, applications about children, property division and family violence.
For more information and forms, this link will take you to the Family Court of Australia website.
What's heard by the Federal Magistrates Court of Australia?
The Federal Magistrates Court of Australia has jurisdiction under the Family Law Act 1975 to hear and determine:
- Applications for parenting and applications relating to matrimonial property.
- Applications for divorce
- Contravention applications
- Applications for injunctions
- Maintenance applications
- Superannuation (division after a marriage breakdown)
For more information and forms, this link will take you to the Federal Magistrates Court website.
Family Law matters at the Local Court
The Local Court has limited jurisdiction under the Family Law Act 1975 to hear and determine Family Law matters. The Local Court can deal with applications such as property settlements and residence orders.
There are new rules that apply to separating families and children. You should get legal advice before commencing any court proceedings.
The National Enquiry Centre established by the Family Court can assist you. Call 1300 352 000.
Domestic Violence
Domestic Violence can involve a wide range of behaviours such as physical, emotional or verbal abuse. The following factsheets provide information to assist people who are going to court for a domestic violence related matter.
Apprehended Violence Orders (AVO's)
Information for protected persons (Domestic Violence)
Information for protected persons (Personal Violence)
Information for Defendants (AVOs)
Interim Apprehended Violence Orders
Appeals & Apprehended Violence Orders
Provisional Order (Ex parte)
Ancilliary Property Recovery Order
Changing or Cancelling Apprehended Violence Orders
Support Services - Domestic Violence
The Legal Aid Commission of NSW has established the Women's Domestic Violence Court Assistance Program (WDVCAP) to assist women and children who are experiencing domestic violence to obtain legal protection and access to support services that can assist with other needs such as financial assistance and advice, housing and counselling.
WDVCAP provide support at many courts and this link will take you to the Legal Aid website for more information.
Power of Attorney
A Power of Attorney is an important legal document that allows you to appoint another person to manage and make financial decisions on your behalf. You may want to get independent legal advice before appointing an Attorney.
If you need a Power of Attorney document witnessed, the registrar at the Local Court is an authorised witness, however, can only witness documents in some circumstances - refer to the attached Local Court Information Sheet on Power of Attorney.
Call your nearest Local Court to make an appointment. You will need to complete the document before you attend.
For more information about Powers of Attorney, these links can assist:
Public Trustee website
Guardianship Tribunal website
Enduring Guardianship
Appointing an Enduring Guardian allows another person to make lifestyle decisions on your behalf when you no longer have the capacity to. You may want to get independent legal advice before appointing an Enduring Guardian.
If you need an Enduring Guardianship document witnessed, the registrar at the Local Court is an authorised witness, however, can only witness documents in some circumstances - refer to the attached Local Court Information Sheet on Enduring Guardianship in NSW.
Call your nearest Local Court to make an appointment. You will need to complete the document before you attend.
If you need more information about Enduring Guardianship, these links can assist:
Office of the Public Guardian website
Guardianship Tribunal website
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