This summarises the complaint and feedback procedure for the Family Law Courts.
Complaints
A complaint may be made by any person, even if they are not a party in a case. Complaints will be dealt with in accordance with court policies and the appropriate legislation, including the Family Law Act 1975 and the Privacy Act 1988.
Administrative issues
Registry managers are responsible for overseeing the management of complaints about local registry issues and staff. You may make a complaint to the registry manager, in person or in writing, if you believe the level of service provided does not reflect the standards set out in the Service Charter.
A judicial decision
Concerns regarding judicial decisions cannot be brought before the Court through the complaint process. If you believe a judicial officer misunderstood the facts, weighed them up incorrectly in exercising their discretion, made a mistake at law, or just made the wrong decision, you may have the right to lodge an appeal or file an application for review with the Court. It is recommended that you seek legal advice before applying for an appeal or review of a decision.
NOTE – Time limits apply for lodging an appeal or filing an application for review. Please call 1300 352 000 or visit your nearest family law registry for details.
Misconduct by a legal representative
The Court does not handle complaints about lawyers, including lawyers acting as Independent Children’s Lawyers. You should seek advice about your rights from the law society or bar association in your state or territory.
Service Charter
The Service Charter sets out the level and standard of service that administrative staff of the Court can provide. The Service Charter does not cover the judicial work of the Court; for example, the conduct of judicial officers or judicial decisions.
The Family Law Courts will help you by:
For more information, view the publication on the Family Law Courts website titled Service Charter for the Family Court and the Federal Magistrates Court.
What you should include with your complaint
Please include the following details with your complaint or feedback:
If you have already made a complaint about the matter, please state when, where and how you made the complaint.
If you want to withdraw your complaint
A complaint can be withdrawn at any time. Notice should be given in writing to the person you addressed the original complaint to.
When you make a complaint, the Court will:
If you are not satisfied with the way your administrative complaint was handled
You may contact the Chief Executive Officer who will look at how your complaint was handled and ensure all the issues you raised are adequately addressed.
Where to send your complaint
Chief Executive Officer
GPO Box 9991
Canberra ACT 2601
Email: clientfeedback@familycourt.gov.au
Fax: (02) 6243 8737
If you are still dissatisfied with the way the Court has handled your complaint, you may contact the Commonwealth Ombudsman. For more information go to www.ombudsman.gov.au or call 1300 362 072.
NOTE – This process only applies to the administrative work of the Court and not judicial decisions.
More information
Court staff can help you with questions about court forms and the court process, but cannot provide legal advice. For more information, view the brochure on the Family Law Courts website titled What the Family Law Courts staff can and cannot do for clients.
Judicial conduct and judgment delays
The Chief Justice of the Family Court and the Chief Federal Magistrate of the Federal Magistrates Court are responsible for overseeing the management of complaints about the judicial work of the courts. You may make a complaint to the Chief Justice or the Chief Federal Magistrate if you are unhappy with the conduct of a judicial officer during the course of a hearing or experience an unreasonable delay in the delivery of a judgment.
To make a complaint about these issues, write to:
Family Court
Chief Justice
GPO Box 9991
Melbourne VIC 3000
Federal Magistrates Court
Chief Federal Magistrate
GPO Box 9991
Sydney NSW 2000
NOTE – The Chief Justice and the Chief Federal Magistrate do not have the power to review decisions of fellow judicial officers; this can only be achieved through the appeal process.
This fact sheet provides general information only and is not provided as legal advice. If you have a legal issue, you should contact a lawyer before making a decision about what to do or applying to the Court. The Family Law Courts cannot provide legal advice.