• Specific Year
    Any

FAMILY LAW ACT 1975

Table of Provisions

PART I--PRELIMINARY

  • 1 Short title  
  • 2 Commencement  
  • 3 Repeal and saving  
  • 4 Interpretation  
  • 4AA De facto relationships  
  • 4AB Definition ofetc.  
  • 4A Third party proceedings to set aside financial agreement  
  • 4B Third party proceedings to set aside Part VIIIAB financial agreement  
  • 4C Meaning of  
  • 5 Debtor subject to a personal insolvency agreement  
  • 6 Polygamous marriages  
  • 7 Extension of Act to certain Territories  
  • 7A Application of the  
  • 8 Supersession of existing laws  

PART IA--PROTECTION--OF NAMES

PART II--NON---COURT BASED FAMILY SERVICES

DIVISION 1--Accreditation of family counsellors, family dispute resolution practitioners and other family service providers
  • 10A Accreditation Rules  
  • DIVISION 2--Family counselling
  • 10B Definition of  
  • 10C Definition of  
  • 10D Confidentiality of communications in family counselling  
  • 10E Admissibility of communications in family counselling and in referrals from family counselling  
  • DIVISION 3--Family dispute resolution
  • 10F Definition of  
  • 10G Definition of  
  • 10H Confidentiality of communications in family dispute resolution  
  • 10J Admissibility of communications in family dispute resolution and in referrals from family dispute resolution  
  • 10K Family dispute resolution practitioners must comply with regulations  
  • DIVISION 4--Arbitration
  • 10L Definition of  
  • 10M Definition of  
  • 10N Arbitrators may charge fees for their services  
  • 10P Immunity of arbitrators  

PART IIA--FAMILY--SAFETY RISK SCREENING

DIVISION 1--Preliminary
  • 10Q Simplified outline of this Part  
  • 10R Definition of  
  • 10S Definition of  
  • 10T Definition of  
  • DIVISION 2--Protection of family safety risk screening information
  • 10U Confidentiality of family safety risk screening information  
  • 10V Admissibility of family safety risk screening information etc.  
  • 10W Immunity of family safety risk screening persons  

PART III--FAMILY--CONSULTANTS

DIVISION 1--About family consultants
  • 11A Functions of family consultants  
  • 11B Definition of  
  • 11C Admissibility of communications with family consultants and referrals from family consultants  
  • 11D Immunity of family consultants  
  • DIVISION 2--Courts' use of family consultants
  • 11E Courts to consider seeking advice from family consultants  
  • 11F Court may order parties to attend, or arrange for child to attend, appointments with a family consultant  
  • 11G Consequences of failure to comply with order under section 11F  

PART IIIA--OBLIGATIONS--TO INFORM PEOPLE ABOUT NON-COURT BASED FAMILY SERVICES AND ABOUT COURT'S PROCESSES AND SERVICES

DIVISION 1--Introduction
  • 12A Objects of this Part  
  • DIVISION 2--Kind of information to be provided
  • 12B Prescribed information about non-court based family services and court's processes and services  
  • 12C Prescribed information about reconciliation  
  • 12D Prescribed information about Part VII proceedings  
  • DIVISION 3--Who must provide information, and when
  • 12E Obligations on legal practitioners  
  • 12F Obligations on principal executive officers of courts  
  • 12G Obligations on family counsellors, family dispute resolution practitioners and arbitrators  

PART IIIB--COURT----POWERS IN RELATION TO COURT AND NON-COURT BASED FAMILY SERVICES

DIVISION 1--Introduction
  • 13A Objects of this Part  
  • DIVISION 2--Help with reconciliation
  • 13B Court to accommodate possible reconciliations  
  • DIVISION 3--Referrals to family counselling, family dispute resolution and other family services
  • 13C Court may refer parties to family counselling, family dispute resolution and other family services  
  • 13D Consequences of failure to comply with order under section 13C  
  • DIVISION 4--Court's role in relation to arbitration of disputes
  • 13E Court may refer Part VIII proceedings or Part VIIIAB proceedings to arbitration  
  • 13F Court may make orders to facilitate arbitration of certain disputes  
  • 13G Federal Circuit and Family Court of Australia (Division 2) may determine questions of law referred by arbitrator  
  • 13H Awards made in arbitration may be registered in court  
  • 13J Federal Circuit and Family Court of Australia (Division 2) can review registered awards  
  • 13K Federal Circuit and Family Court of Australia may set aside registered awards  

PART V--JURISDICTION--OF COURTS

DIVISION 1--Jurisdiction in matrimonial causes
  • 39 Jurisdiction in matrimonial causes  
  • DIVISION 2--Jurisdiction in de facto financial causes
  • 39A Instituting proceedings  
  • 39B Jurisdiction in de facto financial causes  
  • 39C Ceasing jurisdiction of Supreme Court of the Northern Territory of Australia  
  • 39D Ceasing jurisdiction of State or Territory courts of summary jurisdiction  
  • 39E Revoking Proclamations ceasing jurisdiction of State or Territory courts  
  • 39F Territory court does not have jurisdiction unless a party is ordinarily resident in the Territory  
  • 39G Jurisdiction in relation to transferred matters under other Commonwealth laws  
  • DIVISION 2A--Jurisdiction in matters arising under Part VIIIC
  • 39H Instituting proceedings  
  • 39J Jurisdiction in matters arising under Part VIIIC  
  • DIVISION 3--Other provisions
  • 40 Limitations on jurisdiction of Federal Circuit and Family Court of Australia (Division 2) and of State and Territory Supreme Courts  
  • 41 Establishment of State Family Courts  
  • 42 Law to be applied  
  • 43 Principles to be applied by courts  
  • 44 Institution of proceedings  
  • 44A Proceedings for divorce order  
  • 45 Stay and transfer of proceedings  
  • 45A Summary decrees  
  • 46 Transfer of proceedings from court of summary jurisdiction in certain cases  
  • 46A Prescribing value of property for the purposes of section 46  
  • 47 Courts to act in aid of each other  
  • DIVISION 4--Appeals
  • 47A Appeals from courts of summary jurisdiction  
  • 47B Leave to appeal needed for child support matters  
  • 47BA Appeals relating to matters arising under Part VIIIC  
  • 47C Appeal may be dismissed if no reasonable prospect of success  
  • 47D Appeals to High Court may not be brought  
  • 47E Regulations to be sole source of certain appellate jurisdiction  

PART VI--DIVORCE--AND NULLITY OF MARRIAGE

  • 48 Divorce  
  • 49 Meaning of separation  
  • 50 Effect of resumption of cohabitation  
  • 51 Nullity of marriage  
  • 52 Court not to make divorce order where application for decree of nullity before it  
  • 53 Circumstances occurring before commencement of Act or outside Australia  
  • 55 When divorce order takes effect  
  • 55A Divorce order where children  
  • 56 Certificate as to divorce order  
  • 57 Rescission of divorce orderwhere parties reconciled  
  • 58 Rescission of divorce orderon ground of miscarriage of justice  
  • 59 Remarriage  
  • 60 No appeal after divorce order takes effect  

PART VII--CHILDREN

DIVISION 1--Introductory
  • 60A What this Division does  
  • 60B Objects of Part and principles underlying it  
  • 60C Outline of Part  
  • 60CA Child's best interests paramount consideration in making a parenting order  
  • 60CB Proceedings to which Subdivision applies  
  • 60CC How a court determines what is in a child's best interests  
  • 60CD How the views of a child are expressed  
  • 60CE Children not required to express views  
  • 60CF Informing court of relevant family violence orders  
  • 60CG Court to consider risk of family violence  
  • 60CH Informing court of care arrangements under child welfare laws  
  • 60CI Informing court of notifications to, and investigations by, prescribed State or Territory agencies  
  • 60D Adviser's obligations in relation to best interests of the child  
  • 60E Application of Part to void marriages  
  • 60EA Definition of  
  • 60F Certain children are children of marriage etc.  
  • 60G Leave may be granted for adoption proceedings by prescribed adopting parent  
  • 60H Children born as a result of artificial conception procedures  
  • 60HA Children of de facto partners  
  • 60HB Children born under surrogacy arrangements  
  • 60I Attending family dispute resolution before applying for Part VII order  
  • 60J Family dispute resolution not attended because of child abuse or family violence  
  • DIVISION 2--Parental responsibility
  • 61A What this Division does  
  • 61B Meaning of  
  • 61C Each parent has parental responsibility (subject to court orders)  
  • 61D Parenting orders and parental responsibility  
  • 61DA Presumption of equal shared parental responsibility when making parenting orders  
  • 61DB Application of presumption of equal shared parental responsibility after interim parenting order made  
  • 61E Effect of adoption on parental responsibility  
  • 61F Application to Aboriginal or Torres Strait Islander children  
  • DIVISION 3--Reports relating to children under 18
  • 62A What this Division does  
  • 62B Court's obligation to inform people to whom Part VII orders apply about family counselling, family dispute resolution and other family services  
  • 62G Reports by family consultants  
  • DIVISION 4--Parenting plans
  • 63A What this Division does  
  • 63B Parents encouraged to reach agreement  
  • 63C Meaning ofand related terms  
  • 63CAA Parenting plans may include child support provisions  
  • 63D Parenting plan may be varied or revoked by further written agreement  
  • 63DA Obligations of advisers  
  • 63DB Registered parenting plans  
  • 63E Registration of a revocation of a registered parenting plan  
  • 63F Child welfare provisions of registered parenting plans  
  • 63G Child maintenance provisions of registered parenting plans--where not enforceable as maintenance agreements  
  • 63H Court's powers to set aside, discharge, vary, suspend or revive registered parenting plans  
  • DIVISION 5--Parenting orders--what they are
  • 64A What this Division does  
  • 64B Meaning ofand related terms  
  • 64C Parenting orders may be made in favour of parents or other persons  
  • 64D Parenting orders subject to later parenting plans  
  • DIVISION 6--Parenting orders other than child maintenance orders
  • 65A What this Division does  
  • 65AA Child's best interests paramount consideration in making a parenting order  
  • 65B Division does not apply to child maintenance orders  
  • 65C Who may apply for a parenting order  
  • 65D Court's power to make parenting order  
  • 65DAA Court to consider child spending equal time or substantial and significant time with each parent in certain circumstances  
  • 65DAB Court to have regard to parenting plans  
  • 65DAC Effect of parenting order that provides for shared parental responsibility  
  • 65DAE No need to consult on issues that are not major long-term issues  
  • 65DA Parenting orders  
  • 65F General requirements for counselling before parenting order made  
  • 65G Special conditions for making parenting order about whom a child lives with or the allocation of parental responsibility by consent in favour of non-parent  
  • 65H Children who are 18 or over or who have married or entered de facto relationships  
  • 65J Effect of adoption on parenting order  
  • 65K What happens when parenting order that deals with whom a child lives with does not make provision in relation to death of parent with whom child lives  
  • 65L Family consultants may be required to supervise or assist compliance with parenting orders  
  • 65LA Court may order attendance at a post-separation parenting program  
  • 65LB Conditions for providers of post-separation parenting programs  
  • 65M General obligations created by parenting order that deals with whom a child lives with  
  • 65N General obligations created by parenting order that deals with whom a child spends time with  
  • 65NA General obligations created by parenting order that deals with whom a child communicates with  
  • 65P General obligations created by parenting order that allocates parental responsibility  
  • 65Q Court may issue warrant for arrest of alleged offender  
  • 65R Situation to which Subdivision applies  
  • 65S Arrested person to be brought before a court  
  • 65T Obligation of court--where application before it to deal with contravention  
  • 65U Obligation of court--where no application before it, but application before another court, to deal with contravention  
  • 65V Obligation of court--where no application before any court to deal with contravention  
  • 65W Applications heard as required by subsection 65T(2) or paragraph 65U(3)(b)  
  • 65X Interpretation  
  • 65Y Obligations if certain parenting orders have been made: taking or sending a child outside Australia  
  • 65YA Obligations if certain parenting orders have been made: retaining a child outside Australia  
  • 65Z Obligations if proceedings for the making of certain parenting orders are pending: taking or sending a child outside Australia  
  • 65ZAA Obligations if proceedings for the making of certain parenting orders are pending: retaining a child outside Australia  
  • 65ZA Obligations of owners etc. of aircraft and vessels if certain parenting orders made  
  • 65ZB Obligations of owners etc. of aircraft and vessels if proceedings for the making of certain parenting orders are pending  
  • 65ZC General provisions applicable to sections 65ZA and 65ZB  
  • 65ZD State or Territory laws stopping children leaving Australia not affected  
  • 65ZE Extended geographical jurisdiction--category D  
  • DIVISION 7--Child maintenance orders
  • 66A What this Division does  
  • 66B Objects  
  • 66C Principles--parents have primary duty to maintain  
  • 66D Principles--when step-parents have a duty to maintain  
  • 66E Child maintenance order not to be made etc. if application for administrative assessment of child support could be made  
  • 66F Who may apply for a child maintenance order  
  • 66G Court's power to make child maintenance order  
  • 66H Approach to be taken in proceedings for child maintenance order  
  • 66J Matters to be taken into account in considering financial support necessary for maintenance of child  
  • 66K Matters to be taken into account in determining contribution that should be made by party etc.  
  • 66L Children who are 18 or over  
  • 66M When step-parents have a duty to maintain  
  • 66N Determining financial contribution of step-parent  
  • 66P General powers of court  
  • 66Q Urgent child maintenance orders  
  • 66R Specification in orders of payments etc. for child maintenance purposes  
  • 66S Modification of child maintenance orders  
  • 66SA Varying the maintenance of certain children  
  • 66T Effect of child turning 18  
  • 66U Effect of death of child, person liable to pay or person entitled to receive  
  • 66V Effect of adoption, marriage or entering into a de facto relationship  
  • 66VA Children who are 18 or over: change of circumstances  
  • 66W Recovery of arrears  
  • 66X Recovery of amounts paid, and property transferred or settled, under maintenance orders  
  • DIVISION 8--Other matters relating to children
  • 67A What this Division does  
  • 67B Father liable to contribute towards maintenance and expenses of mother  
  • 67C Matters to be taken into account in proceedings under Subdivision  
  • 67D Powers of court in proceedings under Subdivision  
  • 67E Urgent orders  
  • 67F Who may institute proceedings  
  • 67G Time limit for institution of proceedings  
  • 67J Meaning ofand  
  • 67K Who may apply for a location order  
  • 67L Child's best interests paramount consideration in making a location order  
  • 67M Provisions about location orders, other than Commonwealth information orders  
  • 67N Provisions about Commonwealth information orders  
  • 67P Information provided under location order not to be disclosed except to limited persons  
  • 67Q Meaning of  
  • 67R How recovery orders authorise or direct people  
  • 67S How recovery orders to stop and search etc. name or describe vehicles, places etc.  
  • 67T Who may apply for a recovery order  
  • 67U Court's power to make recovery order  
  • 67V Child's best interests paramount consideration in making a recovery order  
  • 67W How long recovery order remains in force  
  • 67X Persons not to prevent or hinder taking of action under recovery order  
  • 67Y Obligation to notify persons of child's return  
  • 67Z Where interested person makes allegation of child abuse  
  • 67ZA Where member of the Court personnel, family counsellor, family dispute resolution practitioner or arbitrator suspects child abuse etc.  
  • 67ZB No liability for notification under section 67Z or 67ZA  
  • 67ZBA Where interested person makes allegation of family violence  
  • 67ZBB Court to take prompt action in relation to allegations of child abuse or family violence  
  • 67ZC Orders relating to welfare of children  
  • 67ZD Orders for delivery of travel documents  
  • DIVISION 9--Injunctions
  • 68A What this Division does  
  • 68B Injunctions  
  • 68C Powers of arrest  
  • DIVISION 10--Independent representation of child's interests
  • 68L Court order for independent representation of child's interests  
  • 68LA Role of independent children's lawyer  
  • 68M Order that child be made available for examination  
  • DIVISION 11--Family violence
  • 68N Purposes of this Division  
  • 68P Obligations of court making an order or granting an injunction under this Act that is inconsistent with an existing family violence order  
  • 68Q Relationship of order or injunction made under this Act with existing inconsistent family violence order  
  • 68R Power of court making a family violence order to revive, vary, discharge or suspend an existing order, injunction or arrangement under this Act  
  • 68S Application of Act and Rules when exercising section 68R power  
  • 68T Special provisions relating to proceedings to make an interim (or interim variation of) family violence order  
  • DIVISION 12--Proceedings and jurisdiction
  • 69A What this Division does  
  • 69B Certain proceedings to be instituted only under this Part  
  • 69C Who may institute proceedings  
  • 69D Institution of maintenance proceedings by authorised authority or person  
  • 69E Child or parent to be present in Australia etc.  
  • 69F Applicant may be in contempt  
  • 69G Interpretation  
  • 69GA Operation of this Subdivision in relation to prescribed courts  
  • 69H Jurisdiction of Federal Circuit and Family Court of Australia (Division 2), State Family Courts and Northern Territory Supreme Court  
  • 69J Jurisdiction of courts of summary jurisdiction  
  • 69K Territory court does not have jurisdiction unless a party is ordinarily resident in the Territory  
  • 69L Jurisdiction in relation to transferred matters under other Commonwealth laws  
  • 69M Jurisdiction is additional to other jurisdiction  
  • 69N Transfer of proceedings from courts of summary jurisdiction in certain cases  
  • 69P Presumptions of parentage arising from marriage  
  • 69Q Presumption of paternity arising from cohabitation  
  • 69R Presumption of parentage arising from registration of birth  
  • 69S Presumptions of parentage arising from findings of courts  
  • 69T Presumption of paternity arising from acknowledgments  
  • 69U Rebuttal of presumptions etc.  
  • 69V Evidence of parentage  
  • 69VA Declarations of parentage  
  • 69W Orders for carrying out of parentage testing procedures  
  • 69X Orders associated with parentage testing orders  
  • 69XA Matters related particularly to parentage testing for purposes of an international agreement or arrangement  
  • 69Y Orders directed to persons 18 or over  
  • 69Z Orders directed to children under 18  
  • 69ZA No liability if parent etc. consents  
  • 69ZB Regulations about carrying out, and reporting on, parentage testing procedures  
  • 69ZC Reports of information obtained may be received in evidence  
  • 69ZD Parentage testing for purposes of international maintenance agreements  
  • 69ZE Extension of Part to the States  
  • 69ZF Unless declaration in force, Part's extension to a State has effect subject to modifications  
  • 69ZG Application of Part in, and in relation to, Territories  
  • 69ZH Additional application of Part  
  • 69ZJ Additional jurisdiction of courts  
  • 69ZK Child welfare laws not affected  
  • 69ZL Short form reasons for decisions relating to interim parenting orders  
  • DIVISION 12A--Principles for conducting child-related proceedings
  • 69ZM Proceedings to which this Division applies  
  • 69ZN Principles for conducting child-related proceedings  
  • 69ZO This Division also applies to proceedings in Chambers  
  • 69ZP Powers under this Division may be exercised on court's own initiative  
  • 69ZQ General duties  
  • 69ZR Power to make determinations, findings and orders at any stage of proceedings  
  • 69ZS Use of family consultants  
  • 69ZT Rules of evidence not to apply unless court decides  
  • 69ZV Evidence of children  
  • 69ZW Evidence relating to child abuse or family violence  
  • 69ZX Court's general duties and powers relating to evidence  
  • DIVISION 13--State, Territory and overseas orders
  • 70A What this Division does  
  • 70C General registration of orders made under law of prescribed State  
  • 70D Registration of orders in a particular State  
  • 70E Effect of registration  
  • 70G Registration of orders  
  • 70H Effect of registration--general  
  • 70J Effect of registration on exercise of jurisdiction  
  • 70K Cancellation of registration if Subdivision C parenting order made  
  • 70L Relationship between Australian orders and registered overseas child orders  
  • 70M Registry Manager to send documents etc. to overseas jurisdiction  
  • 70N Regulations may deal with sending Australian orders etc. to overseas jurisdiction  
  • DIVISION 13A--Consequences of failure to comply with orders, and other obligations, that affect children
  • 70NAA Simplified outline of Division  
  • 70NAB Application of Division  
  • 70NAC Meaning ofan order  
  • 70NAD Requirements taken to be included in certain orders  
  • 70NAE Meaning ofan order  
  • 70NAF Standard of proof  
  • 70NBA Variation of parenting order  
  • 70NBB Effect of parenting plan  
  • 70NCA Application of Subdivision  
  • 70NCB Costs  
  • 70NDA Application of Subdivision  
  • 70NDB Order compensating person for time lost  
  • 70NDC Costs  
  • 70NEA Application of Subdivision  
  • 70NEB Powers of court  
  • 70NEC Bonds  
  • 70NECA Procedure for enforcing bonds  
  • 70NED Duties of provider of post-separation parenting program  
  • 70NEF Evidence  
  • 70NEG Court may make further orders in relation to attendance at program  
  • 70NFA Application of Subdivision  
  • 70NFB Powers of court  
  • 70NFC When court is empowered to make a community service order  
  • 70NFD Variation and discharge of community service orders  
  • 70NFE Bonds  
  • 70NFF Procedure for enforcing community service orders or bonds  
  • 70NFG Sentences of imprisonment  
  • 70NFH Relationship between Subdivision and other laws  
  • 70NFI Arrangements with States and Territories for carrying out of sentences and orders  
  • 70NFJ Subdivision does not limit operation of section 105  
  • DIVISION 14--Miscellaneous
  • 70P What this Division does  
  • 70Q Certain instruments not liable to duty  

PART VIII--PROPERTY--, SPOUSAL MAINTENANCE AND MAINTENANCE AGREEMENTS

  • 71 Interpretation  
  • 71A This Part does not apply to certain matters covered by binding financial agreements  
  • 72 Right of spouse to maintenance  
  • 74 Power of court in spousal maintenance proceedings  
  • 75 Matters to be taken into consideration in relation to spousal maintenance  
  • 77 Urgent spousal maintenance cases  
  • 77A Specification in orders of payments etc. for spouse maintenance purposes  
  • 78 Declaration of interests in property  
  • 79 Alteration of property interests  
  • 79A Setting aside of orders altering property interests  
  • 79B Notification of proceeds of crime orders etc.  
  • 79C Court to stay property or spousal maintenance proceedings affected by proceeds of crime orders etc.  
  • 79D Lifting a stay  
  • 79E Intervention by proceeds of crime authority  
  • 79F Notifying third parties about application  
  • 79G Notifying bankruptcy trustee etc. about application under section 74, 78, 79 or 79A  
  • 79H Notifying court about bankruptcy etc.  
  • 79J Notifying non-bankrupt spouse about application under section 139A of the  
  • 80 General powers of court  
  • 81 Duty of court to end financial relations  
  • 82 Cessation of spousal maintenance orders  
  • 83 Modification of spousal maintenance orders  
  • 85A Ante-nuptial and post-nuptial settlements  
  • 86A Certain maintenance agreements ineffective  
  • 86 Registered maintenance agreements  
  • 87 Operation of maintenance agreements entered into in substitution for rights under Act  
  • 87A Specification in maintenance agreements of payments etc. for maintenance purposes  
  • 88 Enforcement of maintenance agreements  
  • 89 Overseas maintenance agreements  
  • 89A Institution of spousal maintenance proceedings by authority or person  
  • 90 Certain instruments not liable to duty  

PART VIIIAA--ORDERS--AND INJUNCTIONS BINDING THIRD PARTIES

DIVISION 1--Preliminary

PART VIIIA--FINANCIAL--AGREEMENTS

  • 90A Definitions  
  • 90B Financial agreements before marriage  
  • 90C Financial agreements during marriage  
  • 90D Financial agreements after divorce order is made  
  • 90DA Need for separation declaration for certain provisions of financial agreement to take effect  
  • 90DB Whether or when certain other provisions of financial agreements take effect  
  • 90E Requirements with respect to provisions in financial agreements relating to the maintenance of a party or a child or children  
  • 90F Certain provisions in agreements  
  • 90G When financial agreements are binding  
  • 90H Effect of death of party to financial agreement  
  • 90J Termination of financial agreement  
  • 90K Circumstances in which court may set aside a financial agreement or termination agreement  
  • 90KA Validity, enforceability and effect of financial agreements and termination agreements  
  • 90L Financial and other agreements etc. not liable to duty  
  • 90M Notification of proceeds of crime orders etc.  
  • 90N Court to stay property or spousal maintenance proceedings affected by proceeds of crime orders etc.  
  • 90P Lifting a stay  
  • 90Q Intervention by proceeds of crime authority  

PART VIIIAB--FINANCIAL--MATTERS RELATING TO DE FACTO RELATIONSHIPS

DIVISION 1--Preliminary
  • 90RA Participating jurisdictions  
  • 90RB Meaning of  
  • 90RC Relationship with State and Territory laws  
  • 90RD Declarations about existence of de facto relationships  
  • 90RE Effect of declarations  
  • 90RF Applying for declarations  
  • 90RG Geographical requirement  
  • 90RH Setting aside declarations  
  • DIVISION 2--Maintenance, declarations of property interests and alterations of property interests
  • 90SA This Division does not apply to certain matters covered by binding financial agreements  
  • 90SB When this Division applies--length of relationship etc.  
  • 90SC This Division ceases to apply in relation to a de facto relationship if the parties marry each other  
  • 90SD Geographical requirement  
  • 90SE Power of court in maintenance proceedings  
  • 90SF Matters to be taken into consideration in relation to maintenance  
  • 90SG Urgent maintenance cases  
  • 90SH Specification in orders of payments etc. for maintenance purposes  
  • 90SI Modification of maintenance orders  
  • 90SJ Cessation of maintenance orders  
  • 90SK Geographical requirement  
  • 90SL Declaration of interests in property  
  • 90SM Alteration of property interests  
  • 90SN Varying and setting aside orders altering property interests  
  • 90SO Notifying third parties about application  
  • 90SP Notifying bankruptcy trustee etc. about application under section 90SE, 90SL, 90SM or 90SN  
  • 90SQ Notifying court about bankruptcy etc.  
  • 90SR Notifying non-bankrupt de facto party about application under section 139A of the  
  • 90SS General powers of court  
  • 90ST Duty of court to end financial relations  
  • DIVISION 3--Orders and injunctions binding third parties
  • 90TA Orders and injunctions binding third parties  
  • DIVISION 4--Financial agreements
  • 90UA Geographical requirement for agreements made in participating jurisdictions  
  • 90UB Financial agreements before de facto relationship  
  • 90UC Financial agreements during de facto relationship  
  • 90UD Financial agreements after breakdown of a de facto relationship  
  • 90UE Agreements made in non-referring States that become Part VIIIAB financial agreements  
  • 90UF Need for separation declaration for certain provisions of financial agreement to take effect  
  • 90UG Whether or when certain other provisions of financial agreements take effect  
  • 90UH Requirements with respect to provisions in financial agreements relating to the maintenance of a party or a child or children  
  • 90UI Certain provisions in financial agreements  
  • 90UJ When financial agreements are binding  
  • 90UK Effect of death of party to financial agreement  
  • 90UL Termination of financial agreement  
  • 90UM Circumstances in which court may set aside a financial agreement or termination agreement  
  • 90UN Validity, enforceability and effect of financial agreements and termination agreements  
  • DIVISION 5--Proceeds of crime and forfeiture
  • 90VA Notification of proceeds of crime orders etc.  
  • 90VB Court to stay property or maintenance proceedings affected by proceeds of crime orders etc.  
  • 90VC Lifting a stay  
  • 90VD Intervention by proceeds of crime authority  
  • DIVISION 6--Instruments not liable to duty
  • 90WA Certain instruments not liable to duty  

PART VIIIB--SUPERANNUATION--INTERESTS

DIVISION 1--Preliminary
  • 90XA Object of this Part  
  • 90XB This Part overrides other laws, trust deeds etc.  
  • 90XC Extended meanings of matrimonial cause and de facto financial cause  
  • 90XD Definitions  
  • 90XDA Extended meaning of  
  • 90XE Splittable payments  
  • 90XF Reversionary interest  
  • 90XG Meaning of  
  • DIVISION 2--Payment splitting or flagging by agreement
  • 90XH Superannuation agreement to be included in financial agreement if about a marriage  
  • 90XHA Superannuation agreement to be included in Part VIIIAB financial agreement if about a de facto relationship  
  • 90XI Operative time for payment split  
  • 90XJ Payment split under superannuation agreement or flag lifting agreement  
  • 90XK Operative time for payment flag  
  • 90XL Payment flag  
  • 90XLA Some splittable payments payable if payment flag operating  
  • 90XM Payment flag may be terminated by court  
  • 90XN Flag lifting agreement etc.  
  • 90XO Limitation on section 79 or 90SMorder  
  • 90XP Separation declaration  
  • 90XQ Superannuation interests in excess of low rate cap amount  
  • 90XR Enforcement by court order  
  • DIVISION 3--Payment splitting or flagging by court order
  • 90XS Order under section 79 or 90SMmay include orders in relation to superannuation interests  
  • 90XT Splitting order  
  • 90XU Flagging order  
  • 90XUA Some splittable payments may be made without leave of court  
  • DIVISION 4--General provisions about payment splitting
  • 90XV Court may cancel payment split  
  • 90XW Deductions from splittable payment before calculating payment split  
  • 90XX Multiple payment splits applying to the same splittable payment  
  • 90XY Fees payable to trustee  
  • 90XZ Superannuation preservation requirements  
  • 90XZA Waiver of rights under payment split  
  • 90XZB Trustee to provide information  
  • 90XZC Death of non-member spouse  
  • DIVISION 5--Miscellaneous
  • 90XZD Orders binding on trustee  
  • 90XZE Protection for trustee  
  • 90XZF Service of documents on trustee  
  • 90XZG False declarations  
  • 90XZH Terminating employment because of payment flag etc.  
  • 90XZJ Requests for Commissioner of Taxation to provide superannuation information  

PART VIIIC--SUPERANNUATION--INTERESTS RELATING TO WESTERN AUSTRALIAN DE FACTO RELATIONSHIPS

DIVISION 1--Preliminary
  • 90YA Object of this Part  
  • 90YB Application of this Part  
  • 90YC This Part overrides other laws, trust deeds etc.  
  • 90YD Definitions  
  • 90YE Meaning of  
  • 90YF Extended meaning of  
  • 90YG Splittable payments  
  • 90YH Reversionary interest  
  • 90YI Meaning of  
  • 90YJ Rules of Court  
  • DIVISION 2--Payment splitting or flagging by agreement
  • 90YK Superannuation agreement to be included in Western Australian financial agreement if about a de facto relationship  
  • 90YL Part VIIIB superannuation agreements that become superannuation agreements for the purposes of this Part  
  • 90YM Operative time for payment split  
  • 90YN Payment split under superannuation agreement or flag lifting agreement  
  • 90YO Operative time for payment flag  
  • 90YP Payment flag  
  • 90YQ Some splittable payments payable if payment flag operating  
  • 90YR Payment flag may be terminated by court  
  • 90YS Flag lifting agreement etc.  
  • 90YT Limitation on section 90YX order  
  • 90YU Separation declaration  
  • 90YV Superannuation interests in excess of low rate cap amount  
  • 90YW Enforcement by court order  
  • DIVISION 3--Payment splitting or flagging by court order
  • 90YX Orders in relation to superannuation interests  
  • 90YY Splitting order  
  • 90YZ Flagging order  
  • 90YZA Some splittable payments may be made without leave of court  
  • 90YZB Geographical requirement  
  • 90YZC Length of relationship etc.  
  • 90YZD Other rules relating to proceedings under section 90YX  
  • 90YZE Varying and setting aside orders under section 90YX  
  • 90YZF Notifying third parties about application  
  • 90YZG Notifying bankruptcy trustee etc. about application under section 90YX or 90YZE  
  • 90YZH Notifying court about bankruptcy etc.  
  • 90YZI Notifying non-bankrupt de facto party about application under section 139A of the  
  • 90YZJ Duty of court to end financial relations  
  • 90YZK Orders and injunctions binding third parties  
  • DIVISION 4--General provisions about payment splitting
  • 90YZL Court may cancel payment split  
  • 90YZM Deductions from splittable payment before calculating payment split  
  • 90YZN Multiple payment splits applying to the same splittable payment  
  • 90YZO Fees payable to trustee  
  • 90YZP Superannuation preservation requirements  
  • 90YZQ Waiver of rights under payment split  
  • 90YZR Trustee to provide information  
  • 90YZS Death of non-member spouse  
  • DIVISION 5--Miscellaneous
  • 90YZT Orders binding on trustee  
  • 90YZU Protection for trustee  
  • 90YZV Service of documents on trustee  
  • 90YZW False declarations  
  • 90YZX Terminating employment because of payment flag etc.  
  • 90YZY Requests for Commissioner of Taxation to provide superannuation information  

PART IX--INTERVENTION

  • 91 Intervention by Attorney-General  
  • 91A Delegation by Attorney-General  
  • 91B Intervention by child welfare officer  
  • 92 Intervention by other persons  
  • 92A Intervention in child abuse cases  

PART XI--PROCEDURE--AND EVIDENCE

DIVISION 1--General matters concerning procedure and evidence
  • 97 Procedure  
  • 98 Evidence by affidavit  
  • 98A Proceedings in absence of parties  
  • 100 Evidence of husbands, wives or spouses  
  • 100B Children swearing affidavits, being called as witnesses or being present in court  
  • 101 Protection of witnesses  
  • 102 Proof of birth, parentage, death or marriage  
  • 102A Restrictions on examination of children  
  • 102B Assessors  
  • DIVISION 2--Use of video link, audio link or other appropriate means to give testimony, make appearances and give submissions etc.
  • 102C Testimony  
  • 102D Appearance of persons  
  • 102E Making of submissions  
  • 102F Conditions for use of links  
  • 102G Putting documents to a person  
  • 102J Administration of oaths and affirmations  
  • 102K Expenses  
  • 102L New Zealand proceedings  
  • DIVISION 3--Cross-examination of parties where allegations of family violence
  • 102NA Mandatory protections for parties in certain cases  
  • 102NB Court-ordered protections in other cases  
  • 102NC Review of this Division  

PART XIA--SUPPRESSION--AND NON-PUBLICATION ORDERS

DIVISION 1--Preliminary
  • 102P Definitions  
  • 102PA Powers of a court not affected  
  • 102PB Other laws not affected  
  • 102PC Relationship with section 121  
  • DIVISION 2--Suppression and non-publication orders
  • 102PD Safeguarding public interest in open justice  
  • 102PE Power to make orders  
  • 102PF Grounds for making an order  
  • 102PG Procedure for making an order  
  • 102PH Interim orders  
  • 102PI Duration of orders  
  • 102PJ Exception for court officials  
  • 102PK Contravention of order  

PART XIB--VEXATIOUS--PROCEEDINGS

DIVISION 1--Preliminary
  • 102Q Definitions  
  • 102QA Powers of a court not affected  
  • DIVISION 2--Vexatious proceedings orders
  • 102QB Making vexatious proceedings orders  
  • 102QC Notification of vexatious proceedings orders  
  • DIVISION 3--Particular consequences of vexatious proceedings orders
  • 102QD Proceedings in contravention of vexatious proceedings order  
  • 102QE Application for leave to institute proceedings  
  • 102QF Dismissing application for leave  
  • 102QG Granting application for leave  

PART XII--RECOGNITION--OF DECREES

  • 103 Decrees under this Act  
  • 104 Overseas decrees  
  • 104A Recognition in external Territories  

PART XIII--ENFORCEMENT--OF DECREES

  • 105 Enforcement generally  
  • 106 Maintenance orders--more than 12 months in arrears  
  • 106A Execution of instruments by order of court  
  • 106B Transactions to defeat claims  
  • 107 People not to be imprisoned for failure to comply with certain orders  
  • 109 Inter-State enforcement of child bearing expenses order  
  • 109A Rules of Court relating to enforcement  
  • 109AA Rules of Court relating to enforcement--Federal Circuit and Family Court of Australia (Division 1)  
  • 109B Rules of Court relating to enforcement--Federal Circuit and Family Court of Australia (Division 2)  

PART XIIIAA--INTERNATIONAL--CONVENTIONS, INTERNATIONAL AGREEMENTS AND INTERNATIONAL ENFORCEMENT

DIVISION 1--International maintenance orders and agreements etc.
  • 110 Overseas enforcement of maintenance orders etc.  
  • 110A Registration and enforcement in Australia of overseas maintenance agreements etc.  
  • 110B Transmission of agreements etc. to overseas jurisdictions  
  • 111 Convention on Recovery Abroad of Maintenance  
  • 111A Convention on Recognition and Enforcement of Decisions Relating to Maintenance Obligations  
  • 111AA Maintenance obligations with New Zealand  
  • 111AB Agreement between the Government of the United States of America and the Government of Australia for the enforcement of Maintenance (Support) Obligations  
  • DIVISION 2--International child abduction
  • 111B Convention on the Civil Aspects of International Child Abduction  
  • DIVISION 3--International agreements about adoption etc.
  • 111C International agreements about adoption etc.  
  • DIVISION 4--International protection of children
  • 111CA Definitions  
  • 111CB Relationship between this Division and other provisions  
  • 111CC Application of this Subdivision  
  • 111CD Jurisdiction relating to the person of a child  
  • 111CE Limitation when a child is wrongfully removed from or retained outside a Convention country  
  • 111CF Limitations when prior proceedings pending in a Convention country  
  • 111CG If a court is asked to assume jurisdiction  
  • 111CH Limitation if a competent authority of a Convention country is asked to assume jurisdiction  
  • 111CI When a certain Commonwealth personal protection measure lapses  
  • 111CJ Application of this Subdivision  
  • 111CK Jurisdiction to appoint, or determine the powers of, a guardian for a child's property  
  • 111CL Limitation when a child is wrongfully removed from or retained outside a Convention country  
  • 111CM Limitations when prior proceedings pending in a Convention country  
  • 111CN If a court is asked to assume jurisdiction  
  • 111CO Limitation if a competent authority of a Convention country is asked to assume jurisdiction  
  • 111CP When a certain Commonwealth property protection measure lapses  
  • 111CQ Meaning of  
  • 111CR Applicable law generally  
  • 111CS Applicable law concerning parental responsibility  
  • 111CT Effect of registered foreign measures  
  • 111CU Obligation to obtain consent to place child  
  • 111CV Obligation to inform competent authority about serious danger to a child  
  • 111CW Court proceedings dealing with whom a child spends time with  
  • 111CX Jurisdiction for a location order or a Commonwealth information order  
  • 111CY Giving information to central authorities and competent authorities in Convention countries  
  • 111CZ Regulations to implement the Convention  
  • DIVISION 5--Other matters
  • 111D Regulations may provide for rules of evidence  

PART XIIIA--SANCTIONS--FOR FAILURE TO COMPLY WITH ORDERS, AND OTHER OBLIGATIONS, THAT DO NOT AFFECT CHILDREN

DIVISION 1--Interpretation
  • 112AA Interpretation  
  • 112AB Meaning of  
  • 112AC Meaning of  
  • DIVISION 2--Sanctions for failure to comply with orders
  • 112AD Sanctions for failure to comply with orders  
  • 112AE Sentences of imprisonment  
  • 112AF Bonds  
  • 112AG Additional sentencing alternatives  
  • 112AH Failure to comply with sentence passed, or order made, pursuant to paragraph 112AD(2)(b)  
  • 112AK Variation and discharge of orders  
  • 112AM Relationship between Division and other laws  
  • 112AN Arrangements with States and Territories for carrying out of sentences and orders  
  • 112AO Division does not limit operation of section 105  

PART XIIIB--CONTEMPT--OF COURT

PART XIV--DECLARATIONS--AND INJUNCTIONS

  • 112A Interpretation  
  • 113 Proceedings for declarations  
  • 114 Injunctions  
  • 114AA Powers of arrest  
  • 114AB Operation of State and Territory laws  

PART XIVA--THE--AUSTRALIAN INSTITUTE OF FAMILY STUDIES

  • 114A Interpretation  
  • 114B Establishment of Institute  
  • 114C Minister may give directions to Director  
  • 114D Appointment of Director  
  • 114E Term of appointment  
  • 114F Acting appointments  
  • 114G Director's remuneration  
  • 114H Outside employment  
  • 114J Leave of absence  
  • 114L Other terms and conditions  
  • 114LA Resignation  
  • 114LB Termination of appointment  
  • 114LD Delegation  
  • 114M Staff  

PART XV--MISCELLANEOUS

  • 115 Family Law Council  
  • 117 Costs  
  • 117AA Costs in proceedings relating to overseas enforcement and international Conventions  
  • 117AC Security for costs  
  • 117A Reparation for certain losses and expenses relating to children  
  • 117B Interest on moneys ordered to be paid  
  • 117C Offers of settlement  
  • 119 Married persons may sue each other  
  • 120 Criminal conversation, adultery and enticement  
  • 121 Restriction on publication of court proceedings  
  • 122 Rights of legal practitioners  
  • 122AAA Protection of Registrars conducting conferences about property matters  
  • 122A Making arrests under this Act or warrants  
  • 122AA Powers to enter and search premises, and stop conveyances, for making arrests under this Act or warrants  
  • 122B Arrangements with States and Territories  
  • 123 Rules of Court  
  • 124 Rules Advisory Committee  
  • 124A Regulations in relation to overseas-related maintenance obligations etc.  
  • 125 Regulations  

Navigate

Download

No downloadable files available