ARTICLE
8 October 2025

Division 1 and Division 2 of the Court – What's the difference?

CG
Coleman Greig Lawyers

Contributor

Coleman Greig is a leading law firm in Sydney, focusing on empowering clients through legal services and value-adding initiatives. With over 95 years of experience, we cater to a wide range of clients from individuals to multinational enterprises. Our flexible work environment and commitment to innovation ensure the best service for our clients. We integrate with the community and strive for excellence in all aspects of our work.
The 2021 merger of the FC and FCC created the Federal Circuit & Family Court of Australia, streamlining family law cases into two divisions based on complexity.
Australia Family and Matrimonial

Prior to the amendments made to the Family Law Act 1975 (Cth) in 2021, family law matters were determined by one of the following two Courts:

  1. The Federal Circuit Court of Australia; or
  2. The Family Court of Australia.

Of the two Courts, the Family Court was reserved for more complex matters. In addition, parties previously had the choice as to which Court they would prefer to commence proceedings in, however this choice is no longer available.

The Federal Circuit and Family Court of Australia

1 September 2021 marked the merger of the two Courts - forming the Federal Circuit and Family Court of Australia, comprising two divisions:

  • Division 1 - a continuation of the Family Court of Australia;
  • Division 2 - a continuation of the Federal Circuit Court of Australia.

All proceedings must be (and are automatically) commenced in Division 2.

In Division 1, the judicial officers which hear matters are called 'Justices.'

In Division 2, the judicial officers which hear matters are called 'Judges.'

Transfers from Division 2 to Division 1 occur when the matter is more complex, there are more than two parties (meaning the final hearing time will likely be greater than four days) and other issues where the expertise of a Division 1 Justice, and the resources made available to them, is more suitable.

In parenting matters, a proceeding will typically transfer to Division 1 if it's sufficiently complex, such as those involving international relocation or serious allegations of abuse and/or violence.

Otherwise, Division 1 has original jurisdiction for:

  • Appeals;
  • The accrued jurisdiction under the Corporations Act;
  • Hague convention matters (which you can read about here).

Need guidance with your family law matter?

If you're navigating a family law issue, understanding how the court system works is crucial. Our Family Law team is here to help you understand your options and support you every step of the way.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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