The Federal Circuit and Family Court of Australia (FCFCOA) has successfully trialled a new technology to remotely connect parties to divorce hearings. The pilot program introduced audio and video link capabilities for parties through the Webex platform.
Now that it’s rolled out nationwide, it’s important to understand how it may affect divorce proceedings and the process for appearing at divorce hearings.
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Key takeaways
- The FCFCOA now requires parties to a divorce hearing to appear in court via the Webex platform.
- There are some basic steps involved in the new divorce hearing process.
- What you can expect the hearing to include may depend on the case.
- The change doesn’t change any other aspect of the divorce process.
- An experienced lawyer may be important in supporting you during the application process.
What is changing at the Federal Circuit and Family Court of Australia?
From 31 August 2026, parties required to attend a divorce hearing may appear remotely through new Webex technology. Previously, parties who needed to participate in the hearing before receiving a divorce order generally had to do so over the phone.
Webex enables people to appear in court using an audio and video link. It’s meant to improve the user experience and accessibility.
How to attend the divorce hearing with Webex
Here are practical steps you can take so you can be prepared for your courtroom attendance.
Visit the daily court list available on the FCFCOA website. Click the Webex link displayed above the presiding judicial officer. You can also log in to the Commonwealth Courts Portal and go to the Court Events and Orders section. Copy the link for the hearing into your browser.
Join a hearing through your browser or with the Webex app. Make sure you have a decent internet connection and enough battery. Check that your microphone and camera. It’s also good to know how to mute and unmute yourself.
This a formal court appearance. Be appropriately dressed and groomed as if you were there in person. Find a quiet and private location where you won’t be interrupted. Be respectful to the Deputy Registrar and other court staff and have your court documents ready.
If Webex isn’t working for you, or your device isn’t working properly, you may participate over the phone instead.
What to expect at the hearing
Divorce hearings are typically handled by a registrar rather than a judge. It often lasts only a few minutes and may involve various administrative tasks, such as the following:
- If you’re a sole applicant, confirming that your proof of service documents have been lodged.
- Seeing that you’ve been separated for at least 12 months.
- If you ‘separated under one roof’, looking at whether you detailed your living arrangements properly.
- Checking that you’ve met all the legal requirements to end the marriage.
- Determining that you’ve met the relevant criteria to receive substituted service.
The hearing won’t look at property or parenting issues. It’s just to ensure that you’ve completed all necessary steps in the divorce process. If the Court is satisfied, your divorce will come into effect a month and a day after the divorce is granted. If a party doesn’t show up at a hearing when they’re supposed to, the application may be dismissed.
Does this change affect your divorce application?
The divorce process itself doesn’t change substantively. Divorce hearings are only required in specific circumstances, and the process to submit a divorce application to the court registry hasn’t been changed.
You may need to attend the divorce hearing to have an order granted if any of the following applies:
- You indicated you wanted to in your application.
- You have children under 18, and the respondent requested to attend.
- The respondent filed a Response to Divorce opposing the application.
- You applied for substituted service or dispensation of service because you can’t locate your spouse to correctly serve them during a sole application.
Getting help with your divorce application
The introduction of Webex gives parties easier access to divorce hearings. But it’s still helpful to have professional assistance to make proper arrangements. Here’s how a qualified family lawyer can help:
- Organising documentation for divorce and property or parenting arrangements.
- Assisting you with properly serving your former spouse if necessary.
- Supporting you with exploring dispute resolution and mediation sessions.
- Managing evidence and witness preparation if a case proceeds to court.
Are you seeking legal advice?
Are you facing complex matters related to family law? Contact our experienced team today for a free discovery call.
