FAMILY COURT ACT 1975
Table of Provisions
PART I -- Preliminary
PART II -- Family Court of Western Australia
Division 1 -- Creation
- 6 Creation of the Court
- 7 The Court to be a court of record and constitution thereof
- 8 Judicial notice of seals and stamps
Division 2 -- Judges
- 9 Appointment of Judges
- 10 Seniority
- 11 Acting appointments
- 12 Tenure of office
- 13 Oaths or affirmations of allegiance and office
- 15 Style and title of Judges
- 16 Salaries and allowances of Judges
- 17 Leave of Judge
- 18 Application of Act No. 35 of 1950 to Family Court Judges
- 19 Application of Act No. 34 of 1938 to a person appointed a Judge
- 20 Dual appointments
Division 3 -- Sittings
- 21 Sittings of the Court
Division 4 -- Officers
Division 5 -- Counselling and reconciliation
PART III -- Jurisdiction of the Court
Division 1 -- General
- 27 Jurisdiction of the Court
- 28 Principles to be applied by the Court in its non-federal jurisdiction
- 28A Injunctions
Division 2 -- Powers with respect to property
- 29 Declarations of interests in property
- 30 Alteration of property interests
- 31 Setting aside of orders altering property interests
- 32 Execution of instruments by order of court
- 33 Transactions to defeat claim
Division 3 -- Custody, guardianship, access and welfare
- 34 Meaning of guardianship and custody
- 35 Custody and guardianship
- 36 Application for custody and guardianship
- 36A Order of Court
- 37 Limitation on and cessation of order
- 38 Death of party to whom custody or guardianship has been granted
- 39 Welfare conferences
- 39A Certain matters to be taken into account
- 40 Supervision of orders
- 41 Registration of child agreements
- 42 Agreements between parents
- 43 Guardian dead, etc.
- 44 Guardianship by will or deed
- 45 Court may appoint guardian
- 46 Delivery of passport
- 47 Warrants
- 48 Applicant in contempt
- 49 Removal of child etc.
- 50 Delivery of child
- 51 Hindering of access
- 53 Breaches and penalties
Division 4 -- Maintenance
- 54 Liability for maintenance
- 55 Application for maintenance and other expenses
- 55A Orders of Court
- 55B Orders in respect of children to whom Child Support (Assessment) Act applies
- 56 Finding of parenthood
- 57 Previous paternity proceedings
- 58 Matters to be considered
- 58A Approach to be adopted in child maintenance proceedings
- 58B Matters to be taken into account in considering financial support necessary for maintenance of child
- 58C Matters to be taken into account in determining financial contribution that should be made by party, etc.
- 58D Step-parents to assist in maintenance of step-children in certain circumstances, etc.
- 59 Cessation on death
- 60 Cessation on adoption or marriage
- 61 Interim orders
Division 5 -- Preliminary and other expenses
- 62 Liability for preliminary expenses
- 63 Court may order maintenance
- 64 Plural births
- 65 Funeral expenses
- 66 Medical expenses
- 67 Date of effect of order
Division 6 -- Types of orders and variation of orders
Division 7 -- Enforcement of maintenance orders
Division 8 -- Ex parte orders
- 73 Ex parte orders
Division 9 -- Costs and related provisions
- 73A Costs, general provision
- 73B Reparation for certain losses and expenses relating to children
- 73C Interest on moneys ordered to be paid
- 73D Offers of settlement
PART IV -- Courts of summary jurisdiction and transfer of proceedings
- 74 Federal jurisdiction of courts of summary jurisdiction
- 75 Non-federal jurisdictions of courts of summary jurisdiction
- 76 Transfer of proceedings
- 77 Stay or dismissal of proceedings
- 78 Orders on transfer or staying proceedings
- 79 Duties, powers and functions of officers of courts of summary jurisdiction
PART V -- Appeals
PART VI -- Miscellaneous
- 82 Representation of children in proceedings
- 82A Frivolous or vexatious proceedings
- 82B Proceedings generally to be in open court
- 82C Restriction on publication of court proceedings
- 82D Evidence as to paternity
- 82E Medical procedures to determine parentage
- 83 Power to give directions
- 84 Certificates of birth
- 85 Saving
- 86 Reports by welfare officers
- 87 Intervention by Attorney General
- 87A Intervention by other persons
- 88 Contempt
- 88A Rules of Court
- 89 Regulations
- 90 Transitional
- 91 Pending proceedings 1st Schedule 2nd Schedule 3rd Schedule