Australian Capital Territory Numbered Acts

DOMESTIC RELATIONSHIPS ACT 1994 (NO 28 OF 1994)

TABLE OF PROVISIONS

           Long Title

   PART I--PRELIMINARY SHORT TITLE

   1.      This Act may be cited as the Domestic Relationships Act 1994.  
   4.      This Act does not apply in relation to—  
   5.      Nothing in this Act shall be taken to affect any right of a party to a domestic relationship to any remedy or relief under any other Act or law.  

   PART II--MEDIATION AND ARBITRATION ADVICE ABOUT FACILITIES

   7.      Where proceedings under this Act have been instituted, it is the duty of the court and each legal practitioner representing a party to the proceedings, as far as practicable—  
   9.      Evidence of anything said, or of any admission made, at a conference conducted by a mediator pursuant to a referral under subsection 8 (1) is not admissible in proceedings in a court or before a tribunal or person having authority under a law in force in the Territory, or by consent of parties, to hear evidence.  

   PART III--ADJUSTMENT OF PROPERTY INTERESTS AND MAINTENANCE

   14.     As far as practicable, a court shall make orders under this Part that will end the financial relationship between the parties to the domestic relationship and avoid further proceedings between them.  
   16.     Where a court is satisfied that a party to a domestic relationship is likely to become entitled soon to property that may be applied in satisfaction of an order under this Part, it may defer the operation of the order until a date, or the occurrence of an event, specified in the order.  
   17.     Where a party to proceedings under this Division dies before the proceedings are completed and the proceedings are continued by or against the legal personal representative of the deceased party, a court may make an order under this Division if it is of the opinion that—  
   18.     Except as otherwise provided by this Division, a party to a domestic relationship is not liable to maintain the other party to the relationship.  
   20.     Where a court is satisfied that an applicant for an order under this Part is in immediate need of financial assistance, but it is not practicable in the circumstances to determine immediately what order, if any, should be made, the court may order the other party to the domestic relationship to pay to the applicant such periodic or other amounts as the court considers reasonable, until the application is determined.  
   21.     Proceedings on an application for an order under this Division may not be continued after the death of either party to the domestic relationship.  
   25.     For the purposes of this Act but without limiting the generality of the other provisions of this Part, a court may—  
   28.     Where, on the application of a person in respect of whom an order under section 15 or 19 is in force, a court is satisfied that—  
   30.     In the exercise of a power under this Part, a court shall have regard to the interests, and shall make any order proper for the protection, of a purchaser in good faith or other interested person.  

   PART IV--DOMESTIC RELATIONSHIP AGREEMENTS AND TERMINATION AGREEMENTS

   31.     In this Part, unless the contrary intention appears—“agreement” means a domestic relationship agreement or a termination agreement; “solicitor” means a barrister and solicitor, as defined in the Legal Practitioners Act 1970, who practises, either on his or her own account or as a member of a partnership, as a solicitor or as both a barrister and solicitor.  
   34.     In proceedings under Part III, a court may vary or set aside all or any of the provisions of an agreement, notwithstanding that the matters referred to in paragraphs 33 (1) (b), (c), (d) and (e) are satisfied, only if it is satisfied that the enforcement of the agreement would result in serious injustice.  
   35.     In proceedings under Part III, a court is not required to give effect to the terms of an agreement if it is satisfied that—  
   37.     The provisions of an agreement relating to property or lump sum payments may, on the death of a party, be enforced on behalf of, or against the estate of the deceased party, as the case may be, except to the extent that the agreement provides otherwise.  

   PART V--MISCELLANEOUS DECLARATIONS--EXISTENCE OF DOMESTIC RELATIONSHIP

   41.     The regulations may make provision in relation to the enforcement by the Magistrates Court of orders of the Supreme Court under this Act, being orders that could have been made by the Magistrates Court.  
   42.     The Executive may make regulations, not inconsistent with this Act, prescribing matters—