Commonwealth Numbered Acts

Family Law Amendment Act 1983 No. 72 of 1983 - SECT 3

PART II-MISCELLANEOUS AMENDMENTS

3. (1) Section 4 of the Principal Act is amended-

         (a)  by inserting after the definition of ''appeal'' in sub-section
(1) the following definition:

'' 'Appeal Division' means the Appeal Division of the Family Court;'';

   (b)  by inserting after the definition of ''Australia'' in sub-section (1)
        the following definition:

'' 'Commonwealth instrumentality' means a body or authority established for a
public purpose by or under a law of the Commonwealth or of the Australian
Capital Territory;'';

         (c)  by omitting ''(e)'' from the definition of ''financial or
custodial proceedings'' in sub-section (1) and substituting ''(eb)'';

   (d)  by inserting after the definition of ''financial or custodial
        proceedings'' in sub-section (1) the following definitions:

'' 'Full Court' means-

   (a)  3 or more Judges of the Family Court sitting together, where a
        majority of those Judges are members of the Appeal Division; or

   (b)  in relation to particular proceedings-

        (i)    3 or more Judges of the Family Court sitting together, where,
               at the commencement of the hearing of the proceedings, a
               majority of those Judges were members of the Appeal Division;
               or

        (ii)   2 Judges of the Family Court sitting together, where those
               Judges are permitted, by sub-section 28 (4), to complete the
               hearing and determination, or the determination, of those
               proceedings;

'General Division' means the General Division of the Family Court;

'guardian', in relation to a child, includes a person who has been granted
(whether alone or jointly with another person or other persons) guardianship
of the child under this Act or under the repealed Act;'';

         (e)  by inserting ''and whether within or outside Australia'' after
''Act'' in the definition of ''maintenance agreement'' in sub-section (1);

   (f)  by inserting after the definition of ''maintenance agreement'' in
        sub-section (1) the following definition:

'' 'marriage counselling' includes the counselling of a person in relation to-

   (a)  entering into marriage;

   (b)  reconciliation of the parties to a marriage;

   (c)  separation of the parties to a marriage;

   (d)  the dissolution or annulment of a marriage; or

   (e)  adjusting to the dissolution or annulment of a marriage,

whether that counselling is provided in relation to the proposed marriage,
marriage or former marriage of that person or in relation to the proposed
marriage, marriage or former marriage of another person or other persons, and
whether that counselling is provided to that person individually or as a
member of a group of persons;'';

         (g)  by inserting '', or by the parties to a marriage,'' after
''marriage'' (first occurring) in paragraph (a) of the definition of
''matrimonial cause'' in sub-section (1);

   (h)  by omitting paragraphs (c), (ca) and (cb) of the definition of
''matrimonial cause'' in sub-section (1) and substituting the following
paragraphs:

''(c) proceedings between the parties to a marriage with respect to the
maintenance of one of the parties to the marriage;

   (ca) proceedings between the parties to a marriage with respect to the
        property of the parties to the marriage or either of them, being
        proceedings-

        (i)    arising out of the marital relationship;

        (ii)   in relation to concurrent, pending or completed proceedings
               between those parties for principal relief; or

        (iii)  in relation to the dissolution or annulment of that marriage or
               the legal separation of the parties to that marriage, being a
               dissolution, annulment or legal separation effected in
               accordance with the law of an overseas country, where that
               dissolution, annulment or legal separation is recognized as
               valid in Australia under section 104;

   (cb) proceedings between the parties to a marriage with respect to the
        custody, guardianship or maintenance of, or access to, a child of the
        marriage;

   (cc) proceedings by or on behalf of a child of a marriage against one or
        both of the parties to the marriage with respect to the custody,
        guardianship or maintenance of, or access to, the child;

   (cd) proceedings instituted after the death of a party to a marriage in
        whose favour a custody order had been made in respect of a child of
        that marriage, being proceedings with respect to the custody of that
        child, other than proceedings for the making of an order, or the
        taking of any other action, of the kind referred to in sub-section 10
        (2);

   (ce) proceedings with respect to the custody, guardianship or maintenance
        of, or access to, a child of a marriage, being proceedings to which
        one party to the marriage is a party (whether or not the other party
        to the marriage is also a party to the proceedings), other than
        proceedings for the making of an order, or the taking of any other
        action, of the kind referred to in sub-section 10 (2);

   (cf) proceedings between the parties to a marriage with respect to the
        welfare of a child of the marriage;

   (cg) proceedings by or on behalf of a child of a marriage against one or
        both of the parties to the marriage with respect to the welfare of the
        child;

   (ch) proceedings with respect to the welfare of a child of a marriage,
        being proceedings to which one party to the marriage is a party
        (whether or not the other party to the marriage is also a party to the
        proceedings), other than proceedings for the making of an order, or
        the taking of any other action, of a kind referred to in sub-section
        10 (2);'';

   (j)  by inserting ''(other than proceedings under a law of a State or
Territory prescribed for the purposes of section 114AB)'' after
''relationship'' in paragraph (e) of the definition of ''matrimonial cause''
in sub-section (1);

   (k)  by omitting ''or'' (last occurring) from paragraph (e) of the
        definition of ''matrimonial cause'' in sub-section (1);

   (m)  by inserting after paragraph (e) of the definition of
''matrimonial cause'' in sub-section (1) the following paragraphs:

''(ea) proceedings between-

        (i)    the parties to a marriage; or

        (ii)   if one of the parties to a marriage has died-the other party to
               the marriage and the legal personal representative of the
               deceased party to the marriage,

being proceedings-

        (iii)  for the enforcement of, or otherwise in relation to, a
               maintenance agreement that has been approved under section 87
               and the approval of which has not been revoked;

        (iv)   in relation to a maintenance agreement the approval of which
               under section 87 has been revoked; or

        (v)    with respect to the enforcement under this Act of a maintenance
               agreement that is registered in a court under section 86 or an
               overseas maintenance agreement that is registered in a court
               under regulations made pursuant to section 89;

   (eb) proceedings with respect to the enforcement of a decree made under the
        law of an overseas country in proceedings of a kind referred to in
        paragraph (c), (cb), (cc), (cd) or (ce); or'';

   (n)  by omitting ''(e)'' from paragraph (f) of the definition of
        ''matrimonial cause'' in sub-section (1) and substituting ''(eb)'';

   (o)  by inserting after the definition of ''ordinarily resident'' in
        sub-section (1) the following definition:

'' 'overseas country' means a country, or part of a country, outside
Australia;''; and

   (p)  by omitting sub-section (2) and substituting the following
        sub-sections:

''(2) A reference in this Act to a party to a marriage includes a reference to
a person who was a party to a marriage that has been dissolved or annulled, in
Australia or elsewhere, or that has been terminated by the death of one party
to the marriage.

''(3) A reference in this Act to a child of a marriage includes a reference to
a person who is a child of a marriage that has been dissolved or annulled, in
Australia or elsewhere, or that has been terminated by the death of one party
to the marriage.

''(4) Unless the contrary intention appears, a reference in this Act to
proceedings under this Act, or proceedings instituted under this Act, includes
a reference to proceedings under the regulations, or proceedings instituted
under the regulations, as the case may be.''.

(2) Where a Full Court of the Family Court of Australia constituted in
accordance with the provisions of the Principal Act for the purpose of hearing
and determining proceedings had not, at the commencement of this section,
determined the proceedings, the proceedings may be continued, and shall be
determined, as if paragraph (1) (d) of this section and sections 12, 13 and 14
had not been enacted.