Family law in New South Wales

• Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NSW)

  The NSW family violence law. It empowers the Local Court (adult defendants) and the Children's Court (defendants under 18, and during care proceedings) to make apprehended domestic violence orders and apprehended personal violence orders, allows senior police officers to make provisional orders, and makes knowingly contravening an order a criminal offence under section 14.

• Commonwealth Powers (De Facto Relationships) Act 2003 (NSW) (NSW)

  The NSW Act that referred power over de facto financial matters to the Commonwealth, so that separated de facto couples in NSW have their property and maintenance disputes decided under the Family Law Act rather than state law.

• Property (Relationships) Act 1984 (NSW) (NSW)

  The older NSW scheme for adjusting property between de facto partners and people in close personal relationships. It still applies to relationships that ended before the federal de facto provisions began and to some relationships outside the federal definition. Applications under it generally have to be made within 2 years after the relationship ended (section 18).

• Status of Children Act 1996 (NSW) (NSW)

  Sets out the NSW presumptions of parentage, including presumptions arising from marriage, cohabitation, registration of a birth and certain fertilisation procedures. These presumptions often matter in parenting and child support disputes.

• Children and Young Persons (Care and Protection) Act 1998 (NSW) (NSW)

  The NSW child protection law. Where the Department of Communities and Justice is involved with a family, care proceedings in the Children's Court of NSW can run alongside or instead of a family law parenting case.

• Family Law Act 1975 (Cth) (CTH)

  The national Act applied in NSW for divorce, parenting orders, property settlement and spousal maintenance for both married and de facto couples, including the factors about a child's interests as amended from 6 May 2024 and the property framework as amended from 10 June 2025.

• Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth) (CTH)

  The rules that govern how a NSW family law case runs, including the pre-action procedures in Schedule 1, forms, service, subpoenas and specialist evidence.

• Federal Circuit and Family Court of Australia - NSW registries

  Hears all family law matters filed in NSW. Family law registries are at Sydney (Lionel Bowen Building), Parramatta, Newcastle, Wollongong, Albury, Dubbo and Lismore. Armidale, Broken Hill, Coffs Harbour, Orange, Port Macquarie, Tamworth and Wagga Wagga are circuit locations only, where documents cannot be filed.

• Federal Circuit and Family Court - Parramatta registry

  Family law registry in the Garfield Barwick Commonwealth Law Courts Building, 1-3 George Street, Parramatta. Legal Aid NSW duty lawyers are available in the registry, and parenting applications filed there are risk-screened through the court's Lighthouse process.

• Local Court of New South Wales

  Hears applications for apprehended domestic violence orders and apprehended personal violence orders where the defendant is an adult, whether police apply or you apply yourself, and deals with charges for breaching them. When it makes or varies an ADVO it can also vary or suspend the time-spending parts of a parenting order.

• Children's Court of New South Wales

  Deals with care and protection proceedings brought by the Department of Communities and Justice. It makes apprehended violence orders where the defendant is under 18, and can also make them during care proceedings.

• NSW Police Force - domestic and family violence

  Can apply for an ADVO on your behalf, and must apply where the person needing protection is under 16. Senior police officers can make urgent provisional orders, and police serve and enforce orders.

• Commonwealth Courts Portal

  Where NSW parties eFile applications, pay fees and view their orders and court dates.

1. 01Get safe and get help early

   If there is violence, contact police about an ADVO and speak to Legal Aid NSW, a women's legal service or a community legal centre. Note your date of separation and secure copies of financial documents.

   Typical timeframe: First few weeks

2. 02Attempt family dispute resolution

   Attend mediation with a registered family dispute resolution practitioner, for example at a Family Relationship Centre, Legal Aid NSW or a private practitioner, and obtain a section 60I certificate for parenting matters unless an exemption applies. For financial matters, comply with the pre-action procedures and exchange disclosure.

   Typical timeframe: 1-3 months

3. 03Record any agreement

   Put parenting arrangements in a parenting plan, which is not legally enforceable, or file an Application for Consent Orders so that parenting or financial terms become binding court orders.

   Typical timeframe: 4-12 weeks

4. 04File your application with the court

   eFile an Initiating Application through the Commonwealth Courts Portal with the supporting affidavit, a Notice of Risk for parenting matters and any section 60I certificate. Parenting applications and responses filed in the Sydney, Parramatta, Newcastle and Wollongong registries are risk-screened through the court's Lighthouse process.

   Typical timeframe: 1-2 weeks

5. 05First court event before a registrar

   A registrar makes procedural orders, checks whether the pre-action steps were followed, considers whether an interim hearing is needed and refers the matter to dispute resolution. High-risk parenting cases identified through Lighthouse may be placed in the Evatt List.

   Typical timeframe: Court aims for 1-2 months after filing

6. 06Reports, subpoenas and dispute resolution

   Subpoenas may issue to NSW Police, schools, treating practitioners and the Department of Communities and Justice, a court report writer may prepare a child impact report, and a conciliation conference, mediation or family dispute resolution event is held.

   Typical timeframe: Court aims to finish dispute resolution within 5 months of filing

7. 07Compliance and readiness hearing, then trial

   If the case has not settled, a judge checks at a compliance and readiness hearing that disclosure, reports and trial documents are complete before the final hearing.

   Typical timeframe: Court aims for about 6 months (readiness hearing) and under 12 months (final hearing) from filing; some cases take longer

Court fees in NSW are Commonwealth fees set by the Family Law (Fees) Regulations 2022, and they are usually increased each 1 July. The fees in force from 1 July 2026 are: application for divorce $1,170, or $390 at the reduced rate; Application for Consent Orders $215; Initiating Application for parenting or financial final orders $455, or $740 for both; interim application $155; subpoena $70; and conciliation conference $510. You can ask for the reduced divorce fee if you are the primary holder of a government concession card such as a health care card, have a grant of legal aid, receive Youth Allowance, Austudy or ABSTUDY, are under 18, are in prison or legally detained, or can show financial hardship. On a joint application both of you must qualify. Exemptions from other fees are available in some cases. Private legal fees are usually the larger expense and vary widely. Usually each party pays their own legal costs, but the court can order one party to pay another's, for example after a failure to disclose. Ask any solicitor for a written costs estimate and updates as the matter progresses.