Family law in Queensland

• Domestic and Family Violence Protection Act 2012 (Qld) (QLD)

  The Queensland domestic and family violence law. Magistrates Courts can make temporary protection orders and protection orders, which last five years unless the court sets another period. Police can issue police protection notices and, from 1 January 2026, police protection directions. Contravening an order, notice or direction is a criminal offence, and the court must consider any family law order it is told about before making or varying a domestic violence order.

• Commonwealth Powers (De Facto Relationships) Act 2003 (Qld) (QLD)

  The Queensland Act referring power over de facto financial matters to the Commonwealth, so that separated de facto couples in Queensland have property and maintenance disputes decided under the Family Law Act.

• Child Protection Act 1999 (Qld) (QLD)

  The Queensland child protection law. Where Child Safety is involved, applications for child protection orders are filed in the Childrens Court by the Director of Child Protection Litigation, and those proceedings can run alongside a family law parenting case.

• Family Law Act 1975 (Cth) (CTH)

  The national Act applied in Queensland for divorce, parenting orders, property settlement, superannuation splitting and spousal maintenance, including the factors about a child's interests as amended from 6 May 2024, the property framework as amended from 10 June 2025, and the starting point that each party pays their own costs (section 114UB).

• Family Law Amendment Act 2023 (Cth) (CTH)

  From 6 May 2024 removed the presumption of equal shared parental responsibility, introduced a shorter list of factors about a child's interests and added specific considerations for Aboriginal and Torres Strait Islander children.

• Family Law Amendment Act 2024 (Cth) (CTH)

  From 10 June 2025 changed the property settlement framework, made the economic effect of family violence a relevant consideration, expressly recognised economic or financial abuse as family violence, and moved the duty of financial disclosure into the Family Law Act.

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

  The procedural rules for Queensland family law cases, including the Schedule 1 pre-action procedures, forms, service, subpoenas and specialist evidence.

• Federal Circuit and Family Court of Australia - Brisbane registry

  The principal Queensland family law registry, at the Harry Gibbs Commonwealth Law Courts Building, hearing divorce, parenting, property and contravention matters. Parenting cases filed in Queensland registries go through the Lighthouse family violence risk screen, and the highest-risk cases may be placed in the Evatt List.

• Federal Circuit and Family Court of Australia - Cairns, Townsville and Rockhampton registries

  Regional family law registries serving far north, north and central Queensland. The court also sits on circuit at Bundaberg, Hervey Bay, Mackay, Maroochydore and Toowoomba, which are hearing locations only where documents cannot be filed.

• Magistrates Courts of Queensland - domestic and family violence

  Hear applications for domestic violence orders, court reviews of police protection directions and prosecutions for contravening orders. Specialist domestic and family violence courts operate at Beenleigh, Brisbane, Cairns, Mount Isa, Southport and Townsville, with Palm Island as a circuit court.

• Childrens Court of Queensland

  A magistrate in the Childrens Court hears applications for child protection orders, which are filed by the Director of Child Protection Litigation, and can make orders that affect where a child lives. Appeals against a magistrate's child protection order are heard by a District Court judge in the Childrens Court of Queensland.

• Queensland Police Service - domestic and family violence

  Responds to domestic and family violence, applies for protection orders, issues police protection notices and, since 1 January 2026, police protection directions, and enforces breaches.

• Commonwealth Courts Portal

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

1. 01Deal with safety and get help early

   If there is domestic violence, speak to police or the Magistrates Court about a domestic violence order, which costs nothing to apply for, and contact Legal Aid Queensland or a community legal centre. Record your date of separation.

   Typical timeframe: First few weeks

2. 02Family dispute resolution

   Attend family dispute resolution at a Family Relationship Centre, Legal Aid Queensland or a private registered practitioner, and obtain a section 60I certificate for parenting matters unless an exemption applies. Comply with the pre-action procedures in Schedule 1 of the Family Law Rules in financial matters.

   Typical timeframe: Varies between services

3. 03Record any agreement

   Put parenting arrangements into a parenting plan, which is not legally enforceable, or file an Application for Consent Orders through the Commonwealth Courts Portal so that parenting and financial terms become enforceable orders. The application must be lodged within 90 days of the first signed Statement of Truth, with the proposed orders as a signed PDF and an unsigned Word document, and with a Notice of Child Abuse, Family Violence or Risk if parenting orders are sought.

   Typical timeframe: Varies with the court's workload

4. 04File in the nearest Queensland registry

   eFile an Initiating Application through the Commonwealth Courts Portal with your affidavit and, for parenting orders, the Notice of Child Abuse, Family Violence or Risk and a section 60I certificate or an affidavit seeking an exemption. Queensland cases are managed from the Brisbane, Cairns, Townsville or Rockhampton registry.

   Typical timeframe: Once dispute resolution has been tried or an exemption applies

5. 05First court event and interim orders

   A judicial registrar makes procedural orders, may make interim parenting or financial orders where the parties agree, and refers the matter to dispute resolution. High-risk parenting cases identified through the Lighthouse risk screen may be placed in the Evatt List.

   Typical timeframe: Usually 1-2 months after filing, unless urgent

6. 06Subpoenas, specialist reports and conciliation

   Subpoenas may issue to the Queensland Police Service, schools, health services and Child Safety, a family consultant may prepare a child impact report or family report, and a court conciliation conference (financial) or dispute resolution conference (parenting), or a Legal Aid Queensland conference, is held.

   Typical timeframe: Between the first court event and the compliance and readiness hearing

7. 07Compliance and readiness hearing, then trial

   The court checks that orders have been complied with and that the parties have filed a Certificate of Readiness before listing the matter for final hearing before a judge.

   Typical timeframe: The court aims to list final hearings within 12 months of filing

Family law court fees are set by Commonwealth regulation and change each 1 July. From 1 July 2026 an application for divorce costs $1,170, or $390 at the reduced rate for concession card holders, people granted legal aid, recipients of Youth Allowance, Austudy or ABSTUDY, people under 18, people in custody and people who can show financial hardship. For a joint application both of you must be eligible. An Application for Consent Orders is $215, an Initiating Application for final parenting or financial orders is $455 (or $740 for both), an interim application is $155, issuing a subpoena is $70 and a conciliation conference is $510. If you hold certain concession cards or would face financial hardship, you can also apply for an exemption from most other fees. There is no cost to apply for a domestic violence order in a Queensland Magistrates Court. Private legal fees vary widely and rise sharply if a case goes to a contested final hearing. Each party usually pays their own costs in family law, although the court can order otherwise, for example where a party has failed to comply with orders or the duty of disclosure.