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Legal jargon can make the Family Law process frustrating and confusing. We provide this Glossary to help you deal more easily and effectively with your lawyer and the court process.
Updated February 2026
A written statement of fact that its author swears or affirms to be true. This document is the equivalent of evidence given verbally in court and must be truthful.
Does not exist in Australia – see Spouse Maintenance.
A hearing in a superior court to challenge the outcome of a previous decision.
The person who files the first document with the court seeking a specific outcome. Those documents are also given to the other party in the proceedings (the Respondent – see glossary listing).
A document filed with the court stating what you want it to decide on a final basis.
A document filed with the court seeking interim or procedural orders while the final outcome is still being determined.
A lawyer who specialises in court work and complex matters.
CGT may be payable on the profits made on the sale of assets including Self-managed Superannuation Funds. It is calculated by subtracting the initial cost (plus allowances for inflation increases) from what you receive when you sell or dispose of it. The family home is usually exempt from CGT but investment properties and many other assets that you have acquired may attract the tax.
The government scheme responsible for administering child support assessments and payments. Child Support is administered by Services Australia.
A report prepared by a Court Child Expert after interviews with parents (and sometimes children) to assist the Court at an interim stage in parenting proceedings.
A process where a judge or magistrate visits remote, rural or regional areas to hold court hearings.
A method where lawyers commit to negotiating rather than pursuing litigation in court.
A compulsory conference that is held before an impartial third party who Works for the court. This is held prior to your court hearing in an attempt to reach an agreement between the parties and avoid final litigation.
Binding orders made by the court with the agreement of both parties. Usually these will have worked out by the parties and their lawyers outside the court and then a judge or registrar will approve them.
An application made when a parenting order has allegedly been breached. The Court may impose penalties for a breach.
A psychologist or social worker employed by the Federal Circuit and Family Court of Australia who assists the Court in parenting matters. They may prepare Child Impact Reports or Family Reports.
Custody as well as contact and guardianship are no longer concept that exists under the Family Law Act.
The relationship of a couple who live together without being married. Before 2009, de facto relationships did not fall within Family Law and instead were dealt with by each state. In many respects de facto couples are dealt with the same way as married couples in Family Law. There are some significant differences. The Family Court has jurisdiction to separate property interests only if the de facto relationship lasted at least two years (with some limited exceptions).
The legal process that dissolves a marriage. This can only occur once a Married couple has been separated for a year.
An application seeking to enforce compliance with property or financial orders (for example, where a party has not done what a property order requires).
A specialist list within the Lighthouse Project for managing the most serious parenting matters involving allegations of family violence or risk to children.
The court that deals with family law matters. Division 1 deals with complex matters and appeals. Division 2 deals with the majority of family law cases, being the division where all family law proceedings are started.
The court that deals with Family Law matters and cases in Western Australia.
A structured mediation process conducted by an accredited Family Dispute Resolution practitioner to help parties resolve parenting disputes before filing court proceedings. See FAQs Children’s Matters.
The Federal Circuit and Family Court of Australia (Family Law) Rules 2021 that regulate the procedures and processes for family law matters.
A detailed report prepared by a Court Child Expert after interviews with parents, children and sometimes other relevant persons. It provides expert recommendations to assist the Court in determining parenting matters.
Family violence is defined in the Family Law Act as violent, threatening or other behaviour that coerces or controls a family member or causes them to be fearful. The definition includes a non-exhaustive list of behaviours, including physical violence, emotional or psychological abuse, financial abuse, coercive control and unauthorised surveillance.
An agreement made between married or de facto couples before, during, or after the relationship commences. It takes the power away from the court to divide your property. They allow you to make your own decisions about how your property will be divided. There are significant risks attached to Financial Agreement and advice from a Family Law Accredited Specialist is crucial. Independent legal advice is required for a financial agreement to be binding.
Some financial entitlements are not regarded as property in Family Law but may be taken into account as a resource, such as potential payment from a family company or a claim to an asset that might arise in the future.
A document filed with the court in property matters that states the current position of your finances including any and all assets and debts.
An order that freezes the distribution or payment of superannuation. This type of order is made to protect the asset until access is agreed.
The highest court in Australia that has final word on Family Law cases. It is not common for family Law cases to be heard in the High Court.
An ICL is a representative for the child or children appointed by the Court. The role of the ICL is to promote the child’s best interests by preparing and putting forward evidence for the court to consider. The ICL is not necessarily required to follow instructions given by children.
An Order of the Court requiring an individual to do or to cease doing a specific act.
An order that is made during the progress of your case, to sort out matters that need to be dealt with before the final trial takes place. An interim order is usually only temporarily in place. Also known as an interlocutory order.
A person with many years’ experience in the law who is appointed by the government to determine cases in Division 2 of the Federal Circuit and Family Court of Australia.
A judicial officer of Division 1 of the Federal Circuit and Family Court of Australia.
A judicial officer who manages case progression and procedural matters and may determine certain issues in accordance with their powers under the Rules and legislation.
A judicial officer with broader powers than a Judicial Registrar, who may conduct hearings and determine certain matters.
A specialist court initiative designed to identify and manage risk in parenting matters, including matters involving family violence or other serious safety concerns.
The process of going to court. This could be a short process, or a very drawn out one, depending on your case.
The Magellan program deals with cases which involve serious allegations of abuse of children including both physical and sexual abuse.
Where one former spouse provides ongoing financial support to their Former spouse or their child(ren). Spousal maintenance is usually only ordered for a limited time as it is often better for separating spouses to have a ‘clean break’ in their financial relationship.
A facilitated negotiation process where an independent third party assists people to resolve disputes. See FAQs Mediation.
An order that a marriage was not legally valid and, as a result, that the parties were never legally married.
An order of the courts is a decision which is binding against all parties.
The people involved in a dispute in court.
The Justice, Judge, Senior Judicial Registrar or Judicial Registrar hearing your matter.
An order made by the court about the way your case will progress.
Each individual court is described by its ‘registry’ which is its geographical location.
The person who received the document filed in court by the other person (the Applicant).
Where one parent wants to move a long distance away from the other parent and take the children with them.
A reconsideration of a decision made by a Judicial Registrar. A party may seek a review by a Judge of the Federal Circuit and Family Court of Australia.
Rules relating to what evidence may be admitted in the courts and what will not.
The Federal Circuit and Family Court of Australia (Family Law) Rules 2021.
The scale is the fee, set by regulations, that lawyers may charge for their work.
The point at which a relationship between two people has irretrievably broken down.
Where a married or de facto couple separates but continues to live in the same home.
A culturally responsive court list for matters involving Aboriginal and Torres Strait Islander families.
An order to divide one person’s superannuation between two parties.
See Maintenance.
This information is general in nature and does not constitute legal advice. Laws and procedures may change after publication, and some information may not apply to your particular circumstances. Please contact our office if you would like to arrange an appointment to obtain advice specific to your situation.