Western Australian Repealed Acts

This legislation has been repealed.

FAMILY COURT ACT 1975

TABLE OF PROVISIONS

           Long Title

   PART I -- Preliminary  

   1.      Short title  
   2.      Commencement  
   4.      Interpretation  
   5.      Amendments and savings  

   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  

   22.     Officers of the Court  
   23.     Registrar may be a stipendiary magistrate  
   24.     Marshal  

           Division 5 -- Counselling and reconciliation  

   25.     Facilities  
   26.     Advice as to counselling  

   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  

   68.     Types of orders  
   69.     Variation of orders  
   70.     Registration of maintenance agreements  

           Division 7 -- Enforcement of maintenance orders  

   71.     Definition  
   72.     Enforcement  

           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  

   80.     Federal jurisdiction  
   81.     Non-federal jurisdiction  

   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
           Compilation table