Under the Australian Constitution, the Commonwealth Government has the jurisdiction to make laws in relation to divorce and matrimonial causes, including parental rights and custody issues.
The Australian Constitution does not expressly give the Commonwealth Government jurisdiction over de facto relationships and ex-nuptial children.
For many years all children’s matters have been heard in the Family Court or the Federal Magistrates Court, but de facto property matters have been heard in State Courts.
This has now been changed and from 1st March, 2009 all property applications will be heard in the Family Court and the Federal Magistrates Court.
This now means that all de facto property matters as well as de facto children’s matters will be heard in the Family Court and the Federal Magistrates Court if the parties separate after 1st March, 2009.
If separation took place before 1st March, 2009 the hearing will continue to be in the State Courts.
