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FAMILY LAW ACT 1975


TABLE OF PROVISIONS

           Long Title

   PART I--PRELIMINARY

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

   PART IA--PROTECTION OF NAMES

   9A.     Use of protected names and symbols  

   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 family counselling  
   10C.    Definition of family counsellor  
   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 family dispute resolution  
   10G.    Definition of family dispute resolution practitioner  
   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 arbitration  
   10M.    Definition of arbitrator  
   10N.    Arbitrators may charge fees for their services  
   10P.    Immunity of arbitrators  

   PART III--FAMILY CONSULTANTS

           Division 1--About family consultants

   11A.    Functions of family consultants  
   11B.    Definition of family consultant  
   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'S 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.    Family Court and Federal Circuit Court may determine questions of law referred by arbitrator  
   13H.    Awards made in arbitration may be registered in court  
   13J.    Family Court or Federal Circuit Court can review registered awards  
   13K.    Family Court and Federal Circuit Court may set aside registered awards  

   PART IV--THE FAMILY COURT OF AUSTRALIA

           Division 1--Interpretation

   20.     Interpretation  

           Division 2--The Family Court of Australia

   21.     Creation of Court  
   21A.    Divisions of Court  
   21B.    Arrangement of business of Court  

           Division 3--Judges

   22.     Appointment, removal and resignation of Judges  
   23.     Seniority  
   24.     Absence or illness of Chief Justice  
   25.     Salary and allowances  
   26.     Oath or affirmation of allegiance and office  

           Division 4--Judicial Registrars

   26A.    Judicial Registrars  
   26B.    Powers of Judicial Registrars  
   26C.    Review of decisions of Judicial Registrars  
   26D.    Exercise of delegated powers by Court  
   26E.    Application of the Legislation Act 2003 to rules of court  
   26F.    Independence of Judicial Registrars  
   26G.    Judicial Registrars hold office on full time or part time basis  
   26H.    Qualifications for appointment etc.  
   26I.    Term of office  
   26J.    Remuneration and allowances  
   26JA.   Leave of absence  
   26K.    Resignation  
   26L.    Termination of appointment  
   26M.    Oath or affirmation of office  
   26N.    Terms and conditions of appointment not provided for by Act  

           Division 5--Jurisdiction and exercise of jurisdiction

   27.     Place of sitting  
   27A.    Change of venue  
   28.     Exercise of jurisdiction  
   30.     Court divided in opinion  
   31.     Original jurisdiction of Family Court  
   33.     Jurisdiction in associated matters  
   33A.    Proceedings not to be instituted in the Family Court if an associated matter is before the Federal Circuit Court  
   33B.    Discretionary transfer of proceedings to the Federal Circuit Court  
   33C.    Mandatory transfer of proceedings to the Federal Circuit Court  
   34.     Issue of certain writs etc.  
   35.     Contempt of court  

           Division 6--Registries and officers

   36.     Registries  
   37.     Officers of Court  
   37A.    Delegation of powers to Registrars  
   37AA.   Delegation to Registrars of powers exercisable by court as constituted in a particular way  
   37B.    Independence of Registrars  
   37C.    Oath or affirmation of office  

           Division 7--Practice and procedure

   38.     Practice and procedure  

   PART IVA--MANAGEMENT OF THE COURT

           Division 1--Management responsibilities of the Chief Justice and the Chief Executive Officer

   38A.    Management of administrative affairs of Court  
   38B.    Chief Executive Officer  
   38BAA.  Arrangements with other courts  
   38BAB.  Arrangements with agencies or organisations  

           Division 1A--Administration of Court's family services

   38BA.   Chief Executive Officer has functions of family consultants  
   38BB.   Chief Executive Officer may delegate powers and functions that relate to family consultants  
   38BC.   Chief Executive Officer may give directions that relate to family services functions  
   38BD.   Chief Executive Officer may authorise officer or staff member to act as family counsellor or family dispute resolution practitioner  

           Division 2--Chief Executive Officer

   38C.    Establishment and appointment of Chief Executive Officer  
   38D.    Powers of Chief Executive Officer  
   38E.    Remuneration of Chief Executive Officer  
   38F.    Terms and conditions of appointment of Chief Executive Officer  
   38G.    Leave of absence  
   38H.    Resignation  
   38J.    Outside employment of Chief Executive Officer  
   38K.    Termination of appointment  
   38L.    Disclosure of interests by Chief Executive Officer  
   38M.    Acting Chief Executive Officer  

           Division 3--Other officers and staff of Registries

   38N.    Personnel other than the Chief Executive Officer  
   38P.    Marshal  

           Division 4--Miscellaneous administrative matters

   38S.    Annual report  
   38W.    Delegation of administrative powers of Chief Justice  
   38X.    Proceedings arising out of administration of Court  
   38Y.    Protection of persons involved in handling etc. complaints  

   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 3--Other provisions

   40.     Limitations on jurisdiction of Family Court and of State and Territory Supreme Courts  
   40A.    Exercise of jurisdiction of Federal Circuit Court in certain States and Territories  
   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  
   46.     Transfer of proceedings from court of summary jurisdiction in certain cases  
   47.     Courts to act in aid of each other  

   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 order where parties reconciled  
   58.     Rescission of divorce order on ground of miscarriage of justice  
   59.     Re-marriage  

   PART VII--CHILDREN

           Division 1--Introductory

              Subdivision A--What this Division does

   60A.    What this Division does  

              Subdivision B--Object, principles and outline

   60B.    Objects of Part and principles underlying it  
   60C.    Outline of Part  

              Subdivision BA--Best interests of the child

   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  

              Subdivision BB--Best interests of the child

   60D.    Adviser's obligations in relation to best interests of the child  

              Subdivision C--Interpretation and application of Part

   60E.    Application of Part to void marriages  

              Subdivision D--Interpretation--how this Act applies to certain children

   60EA.   Definition of de facto partner  
   60F.    Certain children are children of marriage etc.  
   60G.    Family Court may grant leave 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  

              Subdivision E--Family dispute resolution

   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 parental responsibility  
   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 of parenting plan and 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 of parenting order and 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

              Subdivision A--Introductory

   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  

              Subdivision B--Applying for and making parenting 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  

              Subdivision C--General obligations created by certain parenting orders

   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  

              Subdivision D--Dealing with people who have been arrested

   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)  

              Subdivision E--Obligations under parenting orders relating to taking or sending children from Australia

   65X.    Interpretation  
   65Y.    Obligations if certain parenting orders have been made  
   65Z.    Obligations if proceedings for the making of certain parenting orders are pending  
   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  

           Division 7--Child maintenance orders

              Subdivision A--What this Division does

   66A.    What this Division does  

              Subdivision B--Objects and principles

   66B.    Objects  
   66C.    Principles--parents have primary duty to maintain  
   66D.    Principles--when step-parents have a duty to maintain  

              Subdivision C--Relationship with Child Support

   66E.    Child maintenance order not to be made etc. if application for administrative assessment of child support could be made  

              Subdivision D--Applying for and making child maintenance orders

   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  

              Subdivision E--Other aspects of courts' powers

   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  

              Subdivision EA--Varying the maintenance of certain children

   66SA.   Varying the maintenance of certain children  

              Subdivision F--When child maintenance orders stop being in force

   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  

              Subdivision G--Recovery of amounts paid under maintenance orders

   66X.    Recovery of amounts paid, and property transferred or settled, under maintenance orders  

           Division 8--Other matters relating to children

              Subdivision A--What this Division does

   67A.    What this Division does  

              Subdivision B--Father's liability to contribute towards child bearing expenses if not married to mother

   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  

              Subdivision C--Location and recovery of children

   67J.    Meaning of location order and Commonwealth information order  
   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 recovery order  
   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  

              Subdivision D--Allegations of child abuse and family violence

   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  

              Subdivision E--Other orders about children

   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

              Subdivision A--What this Division does

   69A.    What this Division does  

              Subdivision B--Institution of proceedings and procedure

   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  

              Subdivision C--Jurisdiction of courts

   69G.    Interpretation  
   69H.    Jurisdiction of Family Court, State Family Courts, Northern Territory Supreme Court and Federal Circuit 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  

              Subdivision D--Presumptions of parentage

   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.  

              Subdivision E--Parentage evidence

   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  

              Subdivision F--Extension, application and additional operation of Part

   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  

           Division 12A--Principles for conducting child-related proceedings

              Subdivision A--Proceedings to which this Division applies

   69ZM.   Proceedings to which this Division applies  

              Subdivision B--Principles for conducting child-related proceedings

   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  

              Subdivision C--Duties and powers related to giving effect to the principles

   69ZQ.   General duties  
   69ZR.   Power to make determinations, findings and orders at any stage of proceedings  
   69ZS.   Use of family consultants  

              Subdivision D--Matters relating to evidence

   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

              Subdivision A--What this Division does

   70A.    What this Division does  

              Subdivision B--Registration of State and Territory orders

   70C.    General registration of orders made under law of prescribed State  
   70D.    Registration of orders in a particular State  
   70E.    Effect of registration  

              Subdivision C--Registration of overseas orders

   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  

              Subdivision D--Transmission of Australian orders to overseas jurisdictions

   70M.    Registrar 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

              Subdivision A--Preliminary

   70NAA.  Simplified outline of Division  
   70NAB.  Application of Division  
   70NAC.  Meaning of contravened an order  
   70NAD.  Requirements taken to be included in certain orders  
   70NAE.  Meaning of reasonable excuse for contravening an order  
   70NAF.  Standard of proof  

              Subdivision B--Court's power to vary parenting order

   70NBA.  Variation of parenting order  
   70NBB.  Effect of parenting plan  

              Subdivision C--Contravention alleged but not established

   70NCA.  Application of Subdivision  
   70NCB.  Costs  

              Subdivision D--Contravention established but reasonable excuse for contravention

   70NDA.  Application of Subdivision  
   70NDB.  Order compensating person for time lost  
   70NDC.  Costs  

              Subdivision E--Contravention without reasonable excuse

   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  

              Subdivision F--Contravention without reasonable excuse

   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 Bankruptcy Act 1966  
   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

              Subdivision A--Scope of this Part

   90AA.   Object of this Part  
   90AB.   Definitions  
   90AC.   This Part overrides other laws, trust deeds etc.  
   90ACA.  This Part not to apply to certain annuities  
   90AD.   Extended meaning of matrimonial cause and property  
   90ADA.  Other provisions of this Act not affected by this Part  

           Division 2--Orders under section 79

   90AE.   Court may make an order under section 79 binding a third party  

           Division 3--Orders or injunctions under section 114

   90AF.   Court may make an order or injunction under section 114 binding a third party  

           Division 4--Other matters

   90AG.   Orders and injunctions binding on trustees  
   90AH.   Protection for a third party  
   90AI.   Service of documents on a third party  
   90AJ.   Expenses of third party  
   90AK.   Acquisition of property  

   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

              Subdivision A--Meaning of key terms

   90RA.   Participating jurisdictions  
   90RB.   Meaning of child of a de facto relationship  

              Subdivision B--Relationship with State and Territory laws

   90RC.   Relationship with State and Territory laws  

              Subdivision C--Declarations about existence of de facto relationships

   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

              Subdivision A--Application of Division

   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  

              Subdivision B--Maintenance

   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  

              Subdivision C--Declarations and alterations of property interests

   90SK.   Geographical requirement  
   90SL.   Declaration of interests in property  
   90SM.   Alteration of property interests  
   90SN.   Varying and setting aside orders altering property interests  

              Subdivision D--Notification of application

   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 Bankruptcy Act 1966  

              Subdivision E--Court powers

   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

              Subdivision A--Scope of this Part

   90MA.   Object of this Part  
   90MB.   This Part overrides other laws, trust deeds etc.  
   90MC.   Extended meanings of matrimonial cause and de facto financial cause  

              Subdivision B--Interpretation

   90MD.   Definitions  
   90MDA.  Extended meaning of trustee  
   90ME.   Splittable payments  
   90MF.   Reversionary interest  
   90MG.   Meaning of in force  

           Division 2--Payment splitting or flagging by agreement

              Subdivision A--Superannuation agreements

   90MH.   Superannuation agreement to be included in financial agreement if about a marriage  
   90MHA.  Superannuation agreement to be included in Part VIIIAB financial agreement if about a de facto relationship  

              Subdivision B--Payment splitting

   90MI.   Operative time for payment split  
   90MJ.   Payment split under superannuation agreement or flag lifting agreement  

              Subdivision C--Payment flagging

   90MK.   Operative time for payment flag  
   90ML.   Payment flag  
   90MLA.  Some splittable payments payable if payment flag operating  
   90MM.   Payment flag may be terminated by court  
   90MN.   Flag lifting agreement etc.  

              Subdivision D--Miscellaneous

   90MO.   Limitation on section 79 or 90SM order  
   90MP.   Separation declaration  
   90MQ.   Superannuation interests in excess of low rate cap amount  
   90MR.   Enforcement by court order  

           Division 3--Payment splitting or flagging by court order

   90MS.   Order under section 79 or 90SM may include orders in relation to superannuation interests  
   90MT.   Splitting order  
   90MU.   Flagging order  
   90MUA.  Some splittable payments may be made without leave of court  

           Division 4--General provisions about payment splitting

   90MV.   Court may cancel payment split  
   90MW.   Deductions from splittable payment before calculating payment split  
   90MX.   Multiple payment splits applying to the same splittable payment  
   90MY.   Fees payable to trustee  
   90MZ.   Superannuation preservation requirements  
   90MZA.  Waiver of rights under payment split  
   90MZB.  Trustee to provide information  
   90MZC.  Death of non-member spouse  

           Division 5--Miscellaneous

   90MZD.  Orders binding on trustee  
   90MZE.  Protection for trustee  
   90MZF.  Service of documents on trustee  
   90MZG.  False declarations  
   90MZH.  Terminating employment because of payment flag etc.  

   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 X--APPEALS

   93.     No appeal after divorce order takes effect  
   93A.    Appellate jurisdiction of Family Court  
   94.     Appeals to Family Court from courts other than Federal Circuit Court and Magistrates Court of Western Australia  
   94AAA.  Appeals to Family Court from Federal Circuit Court and Magistrates Court of Western Australia  
   94AAB.  Appeals, and applications for leave, without oral hearing  
   94AA.   Leave to appeal needed in some cases  
   94AB.   Appeals relating to court security orders  
   94A.    Case stated  
   95.     Appeals to High Court  
   96.     Appeals from courts of summary jurisdiction  
   96AA.   Appeal may be dismissed if no reasonable prospect of success  
   96A.    Part does not apply to section 111C jurisdiction  

   PART XI--PROCEDURE AND EVIDENCE

           Division 1--General matters concerning procedure and evidence

   97.     Procedure  
   98.     Evidence by affidavit  
   98AA.   Oaths and affirmations  
   98AB.   Swearing of affidavits etc.  
   98A.    Proceedings in absence of parties  
   100.    Evidence of husbands and wives  
   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  
   102H.   Putting documents to a split court  
   102J.   Administration of oaths and affirmations  
   102K.   Expenses  
   102L.   New Zealand proceedings  

           Division 3--Split court

   102M.   Determination that there is to be a split court  
   102N.   Conditions for split court  

   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  
   109B.   Rules of Court relating to enforcement--Federal Circuit Court  

   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

              Subdivision A--Preliminary

   111CA.  Definitions  
   111CB.  Relationship between this Division and other provisions  

              Subdivision B--Jurisdiction for the person of a child

   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  

              Subdivision C--Jurisdiction for decisions about a guardian of a child's property

   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  

              Subdivision D--Applicable law

   111CQ.  Meaning of law  
   111CR.  Applicable law generally  
   111CS.  Applicable law concerning parental responsibility  

              Subdivision E--Recognition of foreign measures

   111CT.  Effect of registered foreign measures  

              Subdivision F--Co-operation

   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  

              Subdivision G--Regulations

   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 contravene an order  
   112AC.  Meaning of reasonable excuse for contravening an order  

           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

   112AP.  Contempt  

   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  
   116C.   Payments to legal practitioners by legal aid bodies  
   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  
   118.    Frivolous or vexatious proceedings  
   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  
   122AA.  Use of reasonable force in arresting persons  
   122A.   Powers of entry and search for purposes of arresting persons  
   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  
           SCHEDULE 1 Child Protection Convention


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