Federal Register of Legislation - Australian Government

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Family Law Act 1975

  • - C2004C03948
  • In force - Superseded Version
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Act No. 53 of 1975 as amended, taking into account amendments up to Act No. 84 of 1994
An Act relating to Marriage and to Divorce and Matrimonial Causes and, in relation thereto and otherwise, Parental Responsibility for Children, and to financial matters arising out of the breakdown of de facto relationships and to certain other Matters
Registered 25 Nov 2009
Start Date 23 Jun 1994
End Date 05 Dec 1995

FAMILY LAW ACT 1975
- Reprinted as at 31 July 1994 (HISTACT2 CHAP 674 #DATE 31:07:1994)

*1* The Family Law Act 1975 as shown in this reprint comprises Act No. 53, 1975 amended as indicated in the Tables below.
Table of Acts
Act Date Date of Application
Number and of assent commencement saving or
year transitional
provisions
Family Law Act 1975
53, 1975 12 June 1975 5 Jan 1976 (see Gazette 1975,
No. G35, p. 2)
Family Law Amendment Act 1976
63, 1976 8 June 1976 Ss. 1, 2, 17, 18 and 39:
Royal Assent
Ss. 29 and 30: 5 Jan 1976
Remainder: 1 July 1976
S. 19 (2)
Family Law Amendment Act (No. 2) 1976
95, 1976 28 Sept 1976 28 Sept 1976 -
Marriage Amendment Act 1976
209, 1976
20 Dec 1976 Ss. 1, 2 and 30: Royal Assent
Ss. 14 and 31: 1 July 1976
Remainder: 20 June 1977
(see Gazette 1977, No. S93) -
Family Law Amendment Act 1977
102, 1977 11 Oct 1977 11 Oct 1977 -
Family Law Amendment Act 1979
23, 1979 5 Apr 1979 Ss. 4, 10, 11, 12 (a), 17
and 23: 1 Aug 1979 (see
Gazette 1979, No. S154)
Remainder: Royal Assent
Ss. 18 (2), 19 (2) and 22 (2)
Domicile (Consequential Amendments) Act 1982
2, 1982 4 Mar 1982 1 July 1982 (see s. 2 and Gazette
1982, No. G26, p. 2) -
Family Law Amendment (Legal Aid Costs) Act 1983
67, 1983 20 Oct 1983 20 Oct 1983 -
Family Law Amendment Act 1983
72, 1983 28 Oct 1983 Part I (ss. 1, 2): Royal Assent
Part II (ss. 3-72): 25 Nov 1983
Part III (ss. 73-76): 2 Jan 1985
(see Gazette 1984, No. S532)
Ss. 3 (2), 18 (2), (3), 19
(2), 44 (2), (3), 51 (2) and 68
(2)
Public Service Reform Act 1984
63, 1984 25 June 1984 S. 152 (1): 20 July 1984 (see
Gazette 1984, No. S276) (a) -
Statute Law (Miscellaneous Provisions) Act (No. 1) 1984
72, 1984 25 June 1984 S. 3: (b) Ss. 2 (24) and 5 (1)
Statute Law (Miscellaneous Provisions) Act (No. 2) 1984
165, 1984 25 Oct 1984 S. 3: (c) S. 6 (1)
Statute Law (Miscellaneous Provisions) Act (No. 1) 1985
65, 1985 5 June 1985 S. 3: 3 July 1985 (d) -
Public Service and Statutory Authorities Amendment Act 1985
166, 1985 11 Dec 1985 S. 45: 8 Jan 1986 (e) S. 45 (2)
Statute Law (Miscellaneous Provisions) Act (No. 2) 1985
193, 1985 16 Dec 1985 S. 3: Royal Assent (f)
Ss. 10 and 16
Statute Law (Miscellaneous Provisions) Act (No. 1) 1986
76, 1986 24 June 1986 S. 3: Royal Assent (g) S. 9
Statute Law (Miscellaneous Provisions) Act (No. 2) 1986
168, 1986 18 Dec 1986 S. 3: Royal Assent (h) S. 5 (1)
Statute Law (Miscellaneous Provisions) Act 1987
141, 1987 18 Dec 1987 S. 3: Royal Assent (i) S. 5 (1)
Family Law Amendment Act 1987
181, 1987 26 Dec 1987 1 Apr 1988 (see Gazette 1988,
No. S83)
Ss. 64 and 66-68
S. 65 (am. by 8, 1988, s. 45)
as amended by
Family Court of Australia (Additional Jurisdiction and Exercise of
Powers) Act 1988
8, 1988 5 Apr 1988 (see 8, 1988 below) -
Family Court of Australia (Additional Jurisdiction and Exercise of
Powers) Act 1988
8, 1988 5 Apr 1988 Ss. 1-11, 12 (b), (c), (e), (f),
13-21, 27, 29 and 30: Royal Assent
S. 12 (a) and (d): 1 Jan 1990
Remainder: 1 July 1988 (see
Gazette 1988, No. S191) -
as amended by
Law and Justice Legislation Amendment Act 1988
120, 1988 14 Dec 1988 Part XI (ss. 34, 35): 5 Apr 1988
(j) -
Statutory Instruments (Tabling and Disallowance) Legislation
Amendment Act 1988
99, 1988 2 Dec 1988 2 Dec 1988 -
Law and Justice Legislation Amendment Act 1988
120, 1988 14 Dec 1988 Part XII (ss. 36-39): Royal
Assent (k)
Ss. 37 (2), 38 (2) and 39 (2)
Child Support (Assessment) Act 1989
124, 1989 21 Sept 1989 1 Oct 1989 (see Gazette 1989,
No. S314) -
Courts and Tribunals Administration Amendment Act 1989
157, 1989 5 Dec 1989 Part 1 (ss. 1, 2) and Part 6
(ss. 17, 18): Royal Assent
Remainder: 1 Jan 1990 (see Gazette
1989, No. S398) S. 23
Family Law Amendment Act 1989
182, 1989 28 Dec 1989 25 Jan 1990 Ss. 21 (2) and 23 (2)
Law and Justice Legislation Amendment Act 1990
115, 1990 21 Dec 1990 Ss. 1, 2 and 40-49: Royal Assent
Ss. 3, 5, 6, 8, 9, 16, 17,
20-23, 28, 30, 32, 33, 38 and 39:
4 Feb 1991 (see Gazette 1991,
No. GN3, p. 278)
Remainder: 21 June 1991 -
Child Support Legislation Amendment Act 1990
138, 1990 28 Dec 1990 28 Dec 1990 -
Family Law Amendment Act 1991
37, 1991 27 Mar 1991 24 Apr 1991 -
Courts (Mediation and Arbitration) Act 1991
113, 1991 27 June 1991 Ss. 1 and 2: Royal Assent
Remainder: 27 Dec 1991 -
Industrial Relations Legislation Amendment Act 1991
122, 1991 27 June 1991 Ss. 4 (1), 10 (b) and 15-20:
1 Dec 1988
Ss. 28 (b)-(e), 30 and 31:
10 Dec 1991 (see Gazette
1991, No. S332)
Remainder: Royal Assent S. 31 (2)
Law and Justice Legislation Amendment Act 1991
136, 1991 12 Sept 1991 10 Oct 1991 (l) -
Family Law Amendment Act (No. 2) 1991
159, 1991 25 Oct 1991 25 Oct 1991 -
Prime Minister and Cabinet Legislation Amendment Act 1991
199, 1991 18 Dec 1991 18 Dec 1991 -
Law and Justice Legislation Amendment Act 1992
22, 1992 13 Apr 1992 S. 3: Royal Assent (m) -
Law and Justice Legislation Amendment Act (No. 2) 1992
23, 1992 6 May 1992 6 May 1992 -
Superannuation Legislation (Consequential Amendments and
Transitional Provisions) Act 1992
94, 1992 30 June 1992 S. 3: 1 July 1990
Remainder: Royal Assent -
Territories Law Reform Act 1992
104, 1992 30 June 1992 Ss. 1, 2, 25 and 26: Royal Assent
Ss. 9, 10, 19, 21 and 22:
29 June 1993 (see Gazette
1993, No. S196)
Remainder: 1 July 1992 -
Law and Justice Legislation Amendment Act (No. 4) 1992
143, 1992 7 Dec 1992 7 Dec 1992 (n) S. 2 (2)
Social Security Legislation Amendment Act (No. 2) 1992
229, 1992 24 Dec 1992 Schedule 4 (Part 1):
Royal Assent (o) -
Law and Justice Legislation Amendment Act 1994
84, 1994 23 June 1994 Part 5 (s. 35): Royal Assent (p) -

(a) The Family Law Act 1975 was amended by subsection 152 (1) only of the Public Service Reform Act 1984, subsection 2 (4) of which provides as follows:
"(4) The remaining provisions of this Act shall come into operation on such day as is, or on such respective days as are, fixed by Proclamation."
(b) The Family Law Act 1975 was amended by section 3 only of the Statute Law (Miscellaneous Provisions) Act (No. 1) 1984, subsection 2 (12) of which provides as follows:
"(12) The amendments of the Family Law Act 1975 made by this Act shall:
(a) in the case of the amendment of section 37A of that Act - come into operation, or be deemed to have come into operation, as the case requires, on the commencement of Part III of the Family Law Amendment Act 1983; and
(b) in the case of the amendments of sections 44 and 87 of that Act - be deemed to have come into operation on 25 November 1983; and
(c) in the case of the other amendments of that Act - come into operation on a day to be fixed by Proclamation."
The date fixed in pursuance of subparagraph 2 (12) (a) was 2 January 1985 (see Gazette 1984, No. S532).
The date fixed in pursuance of subparagraph 2 (12) (c) was 2 January 1985 (see Gazette 1984, No. S532).
(c) The Family Law Act 1975 was amended by section 3 only of the Statute Law (Miscellaneous Provisions) Act (No. 2) 1984, subsection 2 (10) of which provides as follows:
"(10) The amendments of the Family Law Act 1975 made by this Act shall come into operation, or be deemed to have come into operation, as the case requires, on the commencement of Part III of the Family Law Amendment Act 1983."
The date fixed in pursuance of subsection 2 (10) was 2 January 1985 (see Gazette 1984, No. S532).
(d) The Family Law Act 1975 was amended by section 3 only of the Statute Law (Miscellaneous Provisions) Act (No. 1) 1985, subsection 2 (1) of which provides as follows:
"(1) Subject to this section, this Act shall come into operation on the twenty-eighth day after the day on which it receives the Royal Assent."
(e) The Family Law Act 1975 was amended by section 45 only of the Public Service and Statutory Authorities Amendment Act 1985, subsection 2 (7) of which provides as follows:
"(7) The remaining provisions of this Act shall come into operation on the twenty-eighth day after the day on which this Act receives the Royal Assent."
(f) The Family Law Act 1975 was amended by section 3 only of the Statute Law (Miscellaneous Provisions) Act (No. 2) 1985, subsection 2 (1) of which provides as follows:
"(1) Subject to this section, this Act shall come into operation on the day on which it receives the Royal Assent."
(g) The Family Law Act 1975 was amended by section 3 only of the Statute Law (Miscellaneous Provisions) Act (No. 1) 1986, subsection 2 (1) of which provides as follows:
"(1) Subject to this section, this Act shall come into operation on the day on which it receives the Royal Assent."
(h) The Family Law Act 1975 was amended by section 3 only of the Statute Law (Miscellaneous Provisions) Act (No. 2) 1986, subsection 2 (1) of which provides as follows:
"(1) Subject to this section, this Act shall come into operation on the day on which it receives the Royal Assent."
(i) The Family Law Act 1975 was amended by section 3 only of the
Statute Law (Miscellaneous Provisions) Act 1987, subsection 2 (1) of which provides as follows:
"(1) Subject to this section, this Act shall come into operation on the day on which it receives the Royal Assent."
(j) The Family Court of Australia (Additional Jurisdiction and Exercise of Powers) Act 1988 was amended by Part XI (sections 34 and 35) only of the Law and Justice Legislation Amendment Act 1988, subsection 2 (6) of which provides as follows:
"(6) Part XI shall be taken to have commenced on 5 April 1988."
(k) The Family Law Act 1975 was amended by Part XII (sections 36-39) only of the Law and Justice Legislation Amendment Act 1988, subsection 2 (1) of which provides as follows:
"(1) Subject to this section, this Act commences on the day on which it receives the Royal Assent."
(l) The Family Law Act 1975 was amended by the Schedule only of the Law and Justice Legislation Amendment Act 1991, subsection 2 (1) of which provides as follows:
"(1) Subject to this section, this Act commences on the 28th day after the day on which it receives the Royal Assent."
(m) The Family Law Act 1975 was amended by section 3 only of the Law and Justice Legislation Amendment Act 1992, subsection 2 (1) of which provides as follows:
"(1) Subject to this section, this Act commences on the day on which it receives the Royal Assent."
(n) "(3) The amendments of the Family Law Act 1975 (other than the amendment inserting a new section 37C of that Act), and the amendments of the Judges (Long Leave Payments) Act 1979 and the Judges' Pensions Act 1968, made by this Act are taken to have commenced on 1 November 1991."
(o) The Family Law Act 1975 was amended by Schedule 4 (Part 1) only of the Social Security Legislation Amendment Act (No. 2) 1992, paragraph 2 (1) (g) of which provides as follows:
"(1) The following provisions commence on the day on which this Act receives the Royal Assent:
(g) Part 1 of Schedule 4;.
(p) The Family Law Act 1975 was amended by Part 5 (section 35) only of the Law and Justice Legislation Amendment Act 1994, subsection 2 (5) of which provides as follows:
"(5) The amendment made by Part 5 is taken to have commenced on 1 November 1991."
Table of Amendments
ad=added or inserted am=amended rep=repealed rs=repealed and substituted
Provision affected How affected
Title am. No. 181, 1987
S. 3 am. No. 23, 1979
S. 4 am. No. 63, 1976; No. 23, 1979; No. 2, 1982;
No. 72, 1983; Nos. 63 and 72, 1984; No. 181,
1987; Nos. 157 and 182, 1989; No. 113, 1991;
No. 104, 1992
S. 5 rs. No. 63, 1976; No. 72, 1983
rep. No. 181, 1987
S. 5A ad. No. 72, 1983
rep. No. 181, 1987
S. 7 rs. No. 104, 1992
S. 9 am. No. 63, 1976; No. 23, 1979; No. 181, 1987
S. 10 am. Nos. 63 and 95, 1976; No. 72, 1983
rep. No. 181, 1987
Ss. 11-13 am. No. 181, 1987; No. 37, 1991
S. 14 am. No. 63, 1976; No. 72, 1983; No. 181, 1987;
No. 182, 1989
S. 15 am. No. 63, 1976; No. 72, 1983; No. 181, 1987
S. 16 rs. No. 63, 1976
am. No. 72, 1983; No. 181, 1987
S. 16A ad. No. 72, 1983
am. No. 181, 1987
S. 17 am. No. 72, 1983; No. 181, 1987
S. 18 am. No. 63, 1976; No. 72, 1983
S. 19 am. No. 63, 1976; No. 181, 1987
Part IIIA (ss. 19A-19M)
ad. No. 113, 1991
Ss. 19A-19M ad. No. 113, 1991
Heading to Div. 1 of Part IV
ad. No. 8, 1988
S. 20 am. No. 72, 1983; No. 8, 1988
Heading to Div. 2 of Part IV ad. No. 8, 1988
S. 21 am. No. 8, 1988
S. 21A ad. No. 72, 1983
S. 21B ad. No. 72, 1983
am. No. 8, 1988
Heading to Div. 3 of Part IV
ad. No. 8, 1988
S. 22 am. No. 63, 1976; No. 102, 1977; No. 72, 1983;
No. 181, 1987; No. 8, 1988; No. 143, 1992;
No. 84, 1994
S. 23 am. No. 8, 1988; No. 143, 1992
S. 23A ad. No. 102, 1977 rep. No. 159, 1991
S. 24 am. No. 8, 1988
S. 25 rs. No. 63, 1976
am. No. 8, 1988
S. 26 am. No. 181, 1987; No. 8, 1988
Div. 4 of Part IV (ss. 26A-26N)
ad. No. 8, 1988
Ss. 26A-26D ad. No. 8, 1988
S. 26E ad. No. 8, 1988
am. No. 99, 1988
Ss. 26F-26J ad. No. 8, 1988
S. 26JA ad. No. 122, 1991
S. 26K ad. No. 8, 1988
rs. No. 143, 1992
Ss. 26L-26N ad. No. 8, 1988
Heading to Div. 5 of Part IV
ad. No. 8, 1988
S. 28 am. No. 63, 1976; No. 102, 1977; No. 72, 1983;
No. 181, 1987
S. 29 am. No. 63, 1976
rep. No. 72, 1983
S. 30 am. No. 63, 1976
S. 31 am. No. 72, 1983; No. 181, 1987; No. 120, 1988
S. 32 rep. No. 209, 1976
S. 34 am. No. 72, 1983; No. 181, 1987
Heading to Div. 6 of Part IV
ad. No. 8, 1988
S. 36 am. No. 181, 1987
S. 37 am. No. 63, 1976; No. 23, 1979; No. 72, 1983;
No. 181, 1987 rs. No. 157, 1989
S. 37A ad. No. 72, 1983
am. No. 72, 1984
rs. No. 193, 1985
am. No. 181, 1987; Nos. 8 and 99, 1988
S. 37B ad. No. 72, 1983
am. No. 193, 1985; No. 181, 1987
S. 37C ad. No. 143, 1992
Heading to Div. 7 of Part IV
ad. No. 8, 1988
S. 38 am. No. 72, 1983; No. 8, 1988
Part IVA (ss. 38A-38X)
ad. No. 157, 1989
Ss. 38A-38F ad. No. 157, 1989
S. 38G ad. No. 157, 1989
rs. No. 122, 1991
Ss. 38H, 38J ad. No. 157, 1989
S. 38K ad. No. 157, 1989
am. No. 122, 1991; No. 94, 1992
Ss. 38L, 38M ad. No. 157, 1989
S. 38N ad. No. 157, 1989
am. No. 113, 1991
Ss. 38P-38U ad. No. 157, 1989
S. 38V ad. No. 157, 1989
rep. No. 136, 1991
Ss. 38W, 38X ad. No. 157, 1989
S. 39 am. No. 63, 1976; No. 23, 1979; No. 72, 1983;
No. 181, 1987; No. 8, 1988
S. 40 am. No. 72, 1983; No. 181, 1987
S. 41 am. No. 63, 1976; No. 181, 1987; No. 159, 1991
S. 42 am. No. 72, 1983
S. 43 am. No. 181, 1987
S. 44 am. No. 63, 1976; No. 72, 1983; No. 72, 1984;
No. 181, 1987
S. 44A ad. No. 8, 1988
S. 45 am. No. 63, 1976
rs. No. 23, 1979
am. No. 72, 1983; No. 181, 1987; No. 8, 1988
S. 46 am. No. 72, 1983; No. 181, 1987 (as
am. by No. 8, 1988); No. 8, 1988
S. 48 am. No. 72, 1983
S. 51 rs. No. 209, 1976
S. 55 am. No. 181, 1987
S. 55A ad. No. 181, 1987
Heading to Part VII rs. No. 181, 1987
Heading to Div. 1 of Part VII
ad. No. 181, 1987
S. 60 am. No. 72, 1983; No. 72, 1984
rs. No. 181, 1987
am. No. 182, 1989; Nos. 37 and 113, 1991; No.
22, 1992
S. 60A ad. No. 72, 1983
rs. No. 181, 1987
am. No. 37, 1991
S. 60AA ad. No. 37, 1991
Ss. 60B, 60C ad. No. 181, 1987
S. 60D ad. No. 181, 1987
rep. No. 37, 1991
Div. 2 of Part VII (ss. 60E-60H)
ad. No. 181, 1987
S. 60E ad. No. 181, 1987
am. No. 22, 1992
Ss. 60F, 60G ad. No. 181, 1987
S. 60H ad. No. 181, 1987
am. No. 22, 1992
Heading to Div. 3 of Part VII
ad. No. 181, 1987
S. 61 am. No. 63, 1976; No. 23, 1979
rs. No. 181, 1987
Ss. 61A-61C ad. No. 181, 1987
S. 62 am. No. 63, 1976; No. 23, 1979; No. 72, 1983
S. 62A ad. No. 72, 1983
Heading to Div. 4 of Part VII
ad. No. 181, 1987
S. 63 am. No. 23, 1979
rs. No. 181, 1987
am. No. 37, 1991
S. 63A ad. No. 181, 1987
am. No. 124, 1989
Ss. 63B-63D ad. No. 181, 1987
Div. 5 of Part VII (ss. 63E, 63F)
ad. No. 181, 1987
S. 63E ad. No. 181, 1987
S. 63F ad. No. 181, 1987
am. No. 37, 1991
S. 64 am. No. 63, 1976; No. 23, 1979; No. 72, 1983;
No. 72, 1984; No. 181, 1987; No. 8, 1988; No.
182, 1989; No. 37, 1991
S. 64A ad. No. 182, 1989
am. No. 37, 1991
S. 65 am. No. 72, 1983; No. 181, 1987
S. 65A ad. No. 120, 1988
Div. 6 of Part VII (ss. 66A-66N)

ad. No. 181, 1987
Ss. 66A, 66B ad. No. 181, 1987
S. 66BA ad. No. 124, 1989
rs. No. 138, 1990
S. 66C ad. No. 181, 1987
Ss. 66D, 66E ad. No. 181, 1987
am. No. 37, 1991
S. 66F ad. No. 181, 1987
S. 66FA ad. No. 22, 1992
Ss. 66G-66L ad. No. 181, 1987
S. 66M ad. No. 181, 1987
am. No. 138, 1990
S. 66N ad. No. 181, 1987
am. No. 37, 1991
Div. 7 of Part VII (ss. 66P-66U)
ad. No. 181, 1987
Ss. 66P-66U ad. No. 181, 1987
Div. 8 of Part VII (ss. 66V, 66W)
ad. No. 181, 1987
Ss. 66V, 66W ad. No. 181, 1987
Div. 9 of Part VII (ss. 66X-66Z, 66ZA, 66ZB)
ad. No. 181, 1987
Ss. 66X-66Z, 66ZA, 66ZB
ad. No. 181, 1987
Div. 10 of Part VII (ss. 66ZC-66ZE)
ad. No. 181, 1987
S. 66ZC ad. No. 181, 1987
S. 66ZD ad. No. 181, 1987
am. No. 182, 1989; No. 37, 1991
S. 66ZDA ad. No. 182, 1989
am. No. 37, 1991
S. 66ZE ad. No. 181, 1987
am. No. 37, 1991
Heading to Div. 11 of Part VII
ad. No. 181, 1987
S. 67 am. No. 63, 1976; No. 72, 1983; No. 181, 1987
S. 68 am. No. 72, 1983; No. 181, 1987
Heading to Div. 12 of Part VII
ad. No. 181, 1987
rs. No. 182, 1989
S. 69 am. No. 72, 1984
S. 70 am. No. 72, 1983; No. 181, 1987; No. 182, 1989
S. 70AA ad. No. 182, 1989
am. No. 37, 1991
Ss. 70A, 70B ad. No. 72, 1983
am. No. 181, 1987; No. 37, 1991
Div. 12A of Part VII (ss. 70BA-70BC)
ad. No. 37, 1991
Ss. 70BA-70BC ad. No. 37, 1991
Div. 13 of Part VII (ss. 70C, 70D)
ad. No. 181, 1987
S. 70C ad. No. 181, 1987
am. No. 182, 1989
S. 70D ad. No. 181, 1987
rs. No. 182, 1989
Div. 14 of Part VII (s. 70E)
ad. No. 181, 1987
S. 70E ad. No. 181, 1987
S. 70F ad. No. 37, 1991
Heading to Part VIII rs. No. 181, 1987
S. 72 rs. No. 72, 1983
S. 73 rep. No. 181, 1987
S. 74 am. No. 181, 1987
S. 75 am. No. 63, 1976; No. 72, 1983; No. 181, 1987;
No. 124, 1989
S. 76 rep. No. 181, 1987
S. 77 am. No. 181, 1987
S. 77A ad. No. 181, 1987
S. 78 am. No. 120, 1988
S. 79 am. No. 63, 1976; No. 72, 1983; No. 181, 1987;
No. 124, 1989
S. 79A ad. No. 63, 1976
am. No. 23, 1979; No. 72, 1983; No. 181, 1987
S. 80 am. No. 181, 1987
S. 82 am. No. 72, 1983; No. 181, 1987
S. 83 am. No. 63, 1976; No. 23, 1979; No. 72, 1983;
No. 181, 1987
S. 84 am. No. 72, 1983; No. 181, 1987
S. 85 am. No. 72, 1983
S. 85A ad. No. 72, 1983
S. 86 am. No. 72, 1983; No. 181, 1987; No. 124, 1989
S. 87 am. No. 23, 1979
rs. No. 72, 1983
am. No. 72, 1983; No. 72, 1984; No. 181, 1987;
No. 124, 1989
S. 87A ad. No. 181, 1987
S. 88 am. No. 72, 1983
S. 89 am. No. 72, 1984
S. 89A ad. No. 63, 1976
am. No. 181, 1987
S. 90 am. No. 63, 1976
rs. No. 72, 1983
am. No. 181, 1987; No. 37, 1991
S. 91 am. No. 95, 1976; No. 181, 1987
S. 91A ad. No. 95, 1976
am. No. 181, 1987
S. 91B ad. No. 72, 1983
S. 92 am. No. 72, 1983; No. 181, 1987
S. 92A ad. No. 37, 1991
S. 93A ad. No. 72, 1983
S. 94 am. No. 63, 1976; No. 23, 1979; No. 72, 1983;
Nos. 141 and 181, 1987; No. 8, 1988;
No. 115, 1990
S. 94AA ad. No. 115, 1990
S. 94A ad. No. 63, 1976
am. No. 23, 1979; No. 141, 1987
S. 95 am. No. 63, 1976
S. 96 am. No. 63, 1976; No. 23, 1979; No. 72, 1983;
No. 181, 1987; No. 8, 1988
S. 97 am. No. 72, 1983; No. 8, 1988
S. 98 am. No. 72, 1983
S. 98A ad. No. 72, 1983
am. No. 72, 1983; No. 181, 1987
S. 99 rep. No. 181, 1987
S. 99A ad. No. 72, 1983
rep. No. 181, 1987
S. 100A ad. No. 37, 1991
S. 101 am. No. 37, 1991
S. 102 rs. No. 181, 1987
S. 102A ad. No. 37, 1991
S. 103 am. No. 63, 1976
S. 104 am. No. 72, 1983; No. 72, 1984; No. 181, 1987
S. 104A ad. No. 76, 1986
S. 105 am. No. 95, 1976; No. 72, 1983; No. 181, 1987
S. 106 am. No. 63, 1976; No. 23, 1979
rep. No. 72, 1983
S. 107 am. No. 72, 1983; No. 181, 1987; No. 182, 1989
S. 108 am. No. 63, 1976; No. 23, 1979; No. 72, 1983;
No. 181, 1987
rep. No. 182, 1989
S. 109 am. No. 181, 1987
S. 110 am. No. 63, 1976; No. 72, 1983; No. 72, 1984;
No. 168, 1986; No. 181, 1987; No. 182, 1989
S. 111 am. No. 72, 1983
Ss. 111A, 111B ad. No. 72, 1983
S. 112 am. No. 63, 1976
rs. No. 72, 1983
am. No. 72, 1983; No. 181, 1987
Part XIIIA (ss. 112AA-112AP)
ad. No. 182, 1989
S. 112AA ad. No. 182, 1989
am. No. 23, 1992
Ss. 112AB, 112AC ad. No. 182, 1989
S. 112AD ad. No. 182, 1989
am. No. 37, 1991
Ss. 112AE-112AK ad. No. 182, 1989
S. 112AL ad. No. 182, 1989
am. No. 37, 1991
Ss. 112AM-112AP ad. No. 182, 1989
S. 112A ad. No. 72, 1983
S. 114 am. No. 72, 1983; No. 72, 1984; No. 181, 1987;
No. 182, 1989
S. 114AA ad. No. 72, 1983
am. No. 181, 1987; No. 182, 1989
S. 114AB ad. No. 72, 1983
am. No. 181, 1987; No. 37, 1991
Heading to Part XIVA
am. No. 76, 1986
Part XIVA (ss. 114A-114M)
ad. No. 23, 1979
S. 114A ad. No. 23, 1979
am. No. 76, 1986
S. 114B ad. No. 23, 1979
am. No. 72, 1983; No. 76, 1986; No. 182, 1989
Ss. 114BA, 114BB ad. No. 76, 1986
Ss. 114C, 114D ad. No. 23, 1979
Ss. 114E, 114F ad. No. 23, 1979
am. No. 181, 1987
S. 114G ad. No. 23, 1979
am. No. 182, 1989
rs. No. 229, 1992
S. 114H ad. No. 23, 1979
am. No. 181, 1987
S. 114J ad. No. 23, 1979
am. No. 229, 1992
S. 114K ad. No. 23, 1979
am. No. 181, 1987; No. 182, 1989
S. 114L ad. No. 23, 1979
S. 114M ad. No. 23, 1979
am. Nos. 65 and 166, 1985; No. 182, 1989; No.
199, 1991
S. 114MA ad. No. 76, 1986
Ss. 114MB, 114MC ad. No. 76, 1986
am. No. 182, 1989
Ss. 114MD-114MF ad. No. 76, 1986
S. 114N ad. No. 72, 1983
rs. No. 76, 1986
S. 115 am. No. 63, 1976; No. 72, 1983; No. 181, 1987;
No. 182, 1989
S. 116 am. No. 63, 1976
rep. No. 23, 1979
Ss. 116A, 116B ad. No. 67, 1973
rep. No. 23, 1992
S. 116C ad. No. 67, 1983
am. No. 165, 1984; No. 181, 1987
S. 117 am. No. 72, 1983; No. 181, 1987
S. 117A ad. No. 72, 1983
am. No. 182, 1989
S. 117B ad. No. 72, 1983
am. No. 72, 1983
S. 117C ad. No. 72, 1983
am. No. 72, 1983; No. 181, 1987; No. 22, 1992
S. 118 rs. No. 72, 1983
am. No. 181, 1987
S. 121 rs. No. 72, 1983
am. No. 72, 1983; No. 37, 1991
S. 122 am. No. 181, 1987
S. 122A ad. No. 37, 1991
S. 123 am. Nos. 63 and 95, 1976; No. 23, 1979
rs. No. 72, 1983
am. No. 193, 1985; No. 99, 1988; No. 182, 1989;
No. 113, 1991; No. 23, 1992
S. 124 ad. No. 72, 1983
am. No. 181, 1987
S. 125 ad. No. 72, 1983
am. No. 181, 1987; No. 113, 1991

FAMILY LAW ACT 1975 - TABLE OF PROVISIONS

TABLE

TABLE OF PROVISIONS
Section
PART I - PRELIMINARY
1. Short title
2. Commencement
3. Repeal and saving
4. Interpretation
6. Polygamous marriages
7. Extension of Act to certain Territories
8. Supersession of existing laws
9. Transitional
PART II - MARRIAGE COUNSELLING ORGANIZATIONS
11. Grants to approved marriage counselling organizations
12. Approval of marriage counselling organisations
13. Reports and financial statements of approved marriage
counselling organizations
PART III - COUNSELLING AND RECONCILIATION
14. Conciliation
15. Notice seeking counselling
16. Advice as to counselling
16A. Conciliation counselling
17. Provision of certain documents
18. Admissions made to marriage counsellors etc.
19. Oath or affirmation of secrecy
PART IIIA - MEDIATION AND ARBITRATION
Division 1 - Mediation
19A. Request for mediation
19B. Court may refer matters for mediation
19C. Admissions made to mediators
Division 2 - Arbitration
19D. Court may refer proceedings to arbitration
19E. Private arbitration
19F. Review of awards made in private arbitration
9G. Review of other awards1
Division 3 - Miscellaneous
19H. Assessors
19J. Advice about mediation and arbitration
19K. Oath or affirmation by approved mediator
19L. Oath or affirmation by approved arbitrator
19M. Protection of mediators and arbitrators
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 Judge
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. Rules of Court disallowable etc.
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
28. Exercise of jurisdiction
30. Court divided in opinion
31. Original jurisdiction of Family Court
33. Jurisdiction in associated matters
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
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 Judge
and the Chief Executive Officer
38A. Management of administrative affairs of Court
38B. Chief Executive Officer
Division 2 - Appointment, powers etc. of Chief Executive
Officer
38C. 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
38Q. Powers of Chief Executive Officer regarding Court officers
and Registry staff
38R. Engagement of consultants etc.
Division 4 - Miscellaneous administrative matters
38S. Annual report
38T. Proper accounts to be kept
38U. Audit
38W. Delegation of administrative powers of Chief Judge
38X. Proceedings arising out of administration of Court

PART V - JURISDICTION IN MATRIMONIAL CAUSES
39. Jurisdiction in matrimonial causes
40. Jurisdiction of Family Court
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 decree of dissolution of marriage
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 - DISSOLUTION AND NULLITY OF MARRIAGE
48. Dissolution of marriage
49. Meaning of separation
50. Effect of resumption of cohabitation
51. Nullity of marriage
52. Court not to make decree of dissolution where application for
decree of nullity before it
53. Circumstances occurring before commencement of Act or
outside Australia
54. Decree nisi in first instance
55. When decree becomes absolute
55A. Decree absolute where children
56. Certificate as to decree absolute
57. Rescission of decree nisi where parties reconciled
58. Rescission of decree nisi on ground of miscarriage of justice
59. Re-marriage
PART VII - CHILDREN
Division 1 - General
60. Interpretation
60A. Certain children are children of marriage etc.
60AA. Family Court may permit adoption by prescribed adopting
parent
60B. Children born as a result of artificial conception procedures
60C. Application of Part in relation to void marriages
Division 2 - Extension, application and additional
operation of Part
60E. Extension and application of Part
60F. Additional application of Part
60G. Additional jurisdiction of courts
60H. Child welfare laws not affected
Division 3 - Counselling
61. Notice seeking court counselling
61A. Court counselling facilities to be made available
61B. Conciliation counselling
61C. Provision of certain documents
62. Conferences with court counsellors or welfare officers
62A. Reports by court counsellors and welfare officers
Division 4 - Jurisdiction of Courts
63. Jurisdiction of courts under Part
63A. Certain proceedings to be instituted only under Part
63B. Child to be present in Australia etc.
63C. Persons who may institute proceedings under Act
63D. Transfer of proceedings from courts of summary jurisdiction
in certain cases
Division 5 - Custody and guardianship of children
63E. Custody and guardianship
63F. Rights of custody and guardianship of children
64. Powers of court in custodial proceedings
64A. Power of court to require provision of information
65. Separate representation of child
65A. Order that child be made available for examination
66. Where applicant in contempt
Division 6 - Maintenance of children
66A. Objects of Division
66B. Duty of parents to maintain their children
66BA. Application of Division to children to whom Child Support
(Assessment) Act applies
66C. Approach to be adopted in child maintenance proceedings
66D. Matters to be taken into account in considering financial
support necessary for maintenance of child
66E. Matters to be taken into account in determining contribution
that should be made by party etc.
66F. Powers of court in child maintenance proceedings
66FA. Limitation in relation to maintenance proceedings
66G. Step-parents to assist in maintenance of step-children in
certain circumstances etc.
66H. Children who have attained 18 years of age
66J. General powers of court
66K. Urgent maintenance orders
66L. Specification in orders of payments etc. for child
maintenance purposes
66M. Cessation of orders
66N. Modification of maintenance orders
Division 7 - Presumptions of parentage
66P. Presumptions of parentage arising from marriage
66Q. Presumption of paternity arising from cohabitation
66R. Presumption of parentage arising from registration of birth
66S. Presumptions of parentage arising from findings of courts
66T. Presumption of paternity arising from acknowledgements
66U. Rebuttal of presumptions etc.
Division 8 - Parentage evidence
66V. Evidence of parentage
66W. Medical procedures to determine parentage
Division 9 - Child bearing expenses
66X. Father liable to contribute towards maintenance and expenses
of mother
66Y. Matters to be taken into account in proceedings under
Division
66Z. Powers of court in proceedings under Division
66ZA. Urgent orders
66ZB. Time limit for institution of proceedings
Division 10 - Child agreements
66ZC. Registration of child agreements
66ZD. Child welfare provisions of registered child agreements
66ZDA. Child maintenance provisions of registered child agreements -
where not enforceable as maintenance agreements
66ZE. Setting aside of registered child agreements
Division 11 - State, Territory and overseas custody orders
67. Registration of State and Territory custody orders
68. Overseas custody orders
69. Transmission of Australian custody orders to overseas
jurisdictions
Division 12 - Obligations created by custody and access orders
70. Interfering with child subject to custody order
70AA. Warrants for arrest of persons who contravene custody or
access orders
70A. Certain children not to be taken out of Australia
70B. Obligation of owners of vessels etc.
Division 12A - Allegations of Child Abuse
70BA. Allegation by party to proceedings
70BB. Court personnel who suspect certain child abuse
70BC. No liability for notification pursuant to section 70BA or
70BB
Division 13 - Injunctions
70C. Injunctions
70D. Powers of arrest
Division 14 - Miscellaneous
70E. Institution of maintenance proceedings by authorised
authority or person
70F. Certain instruments not liable to duty
PART VIII - PROPERTY, SPOUSAL MAINTENANCE AND MAINTENANCE
AGREEMENTS
71. Interpretation
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
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
84. Execution of instruments by order of court
85. Transactions to defeat claims
85A. Ante-nuptial and post-nuptial settlements
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 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 decree absolute
93A. Appellate jurisdiction of Family Court
94. Appeals to Family Court
94AA. Leave to appeal needed in some cases
94A. Case stated
95. Appeals to High Court
96. Appeals from courts of summary jurisdiction
PART XI - PROCEDURE AND EVIDENCE
97. Procedure
98. Evidence by affidavit
98A. Proceedings in absence of parties
100. Evidence of husbands and wives
100A. Evidence of children
101. Protection of witnesses
102. Proof of birth, parentage, death or marriage
102A. Restrictions on examination of children
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
107. Persons not to be imprisoned for failure to comply with
certain orders
109. Inter-State enforcement of child bearing expenses orders
110. Overseas enforcement of maintenance orders etc.
111. Convention on Recovery Abroad of Maintenance
111A. Convention on Recognition and Enforcement of Decisions
Relating to Maintenance Obligations
111B. Convention on the Civil Aspects of International Child
Abduction
112. Arrangements with States and Northern Territory
PART XIIIA - SANCTIONS FOR FAILURE TO COMPLY WITH ORDERS AND
CONTEMPT OF COURT
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. Recognizances
112AG. Additional sentencing alternatives
112AH. Failure to comply with sentence passed, or order made,
pursuant to paragraph 112AD (2) (d)
112AJ. Compensatory access orders
112AK. Variation and discharge of orders
12AL. Welfare of child the paramount consideration1
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
112AP. Division 3 - Contempt 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
114BA. Institute to be a body corporate
114BB. Powers of Institute
114C. Director and Board of Management
114D. Management of Institute
114E. Term of office of members
114F. Remuneration and allowances
114G. Leave of absence
114H. Resignation of members
114J. Termination of appointments
114K. Acting Director
114L. Meetings etc.
114M. Staff
114MA. Money payable to Institute
114MB. Estimates
114MC. Contracts
114MD. Application of money
114ME. Investment of money
114MF. Exemption from taxation
114N. Application of Part XI of Audit Act
PART XV - MISCELLANEOUS
115. Family Law Council
116C. Payments to legal practitioners by legal aid bodies
117. 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
122A. Powers of entry and search for purposes of arresting persons
123. Rules of Court
124. Rules Advisory Committee
125. Regulations

FAMILY LAW ACT 1975 - LONG TITLE

SECT

An Act relating to Marriage and to Divorce and Matrimonial Causes
and, in relation thereto and otherwise, Parental Rights and the
Custody and Guardianship of Infants, and certain other Matters

FAMILY LAW ACT 1975 - PART I
PART I - PRELIMINARY

FAMILY LAW ACT 1975 - SECT 1
Short title

SECT

1. This Act may be cited as the Family Law Act 1975.*1* SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER .

FAMILY LAW ACT 1975 - SECT 2
Commencement

SECT

2. This Act shall come into operation on a date to be fixed by Proclamation.*1* SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER .

FAMILY LAW ACT 1975 - SECT 3
Repeal and saving

SECT

3. (1) The Matrimonial Causes Act 1959, the Matrimonial Causes Act 1965 and the Matrimonial Causes Act 1966 are repealed.


(2) Notwithstanding the repeal effected by subsection (1):
(a) the validity of a decree made before the commencement of the Matrimonial Causes Act 1959 by virtue of the Imperial Act entitled the Matrimonial Causes (War Marriages) Act, 1944 or Part I of the Matrimonial Causes (War Marriages) Act 1947 of New Zealand and in force immediately before the commencement of this Act shall continue to be recognized in all courts in Australia;
(b) a decree of the Supreme Court of a State or Territory made before the commencement of the Matrimonial Causes Act 1959 in the exercise of jurisdiction invested or conferred by the Matrimonial Causes Act 1945, or that Act as amended by the Matrimonial Causes Act 1955, and in force immediately before the commencement of this Act shall continue to have effect throughout Australia; and
(c) a decree of the Supreme Court, or of a court of summary jurisdiction, of a State or Territory:
(i) made before the commencement of this Act in the exercise of
jurisdiction invested or conferred by the repealed Act, or in a matrimonial cause or proceedings for a separation order instituted under the law of that State or Territory, being a decree that was in force immediately before the commencement of this Act; or
(ii) made after the commencement of this Act in proceedings to which
subsection 9 (1) applied;
shall have, or continue to have, effect throughout Australia, and, except in the case of:
(iii) a decree of nullity of marriage made on the ground that the
marriage was voidable;
(iv) a decree of judicial separation;
(v) a decree of restitution of conjugal rights;
(vi) a decree of jactitation of marriage; or
(vii) a separation order;
this Act applies to and in relation to the decree as if the decree had been made under this Act.


(3) For the purposes of paragraph (2) (c), a purported decree to which section 5 of the Matrimonial Causes Act 1971 applies made in a State shall be deemed to be a decree of the Supreme Court of that State made in the exercise of jurisdiction invested by the repealed Act.

FAMILY LAW ACT 1975 - SECT 4
Interpretation

SECT

4. (1) In this Act, unless the contrary intention appears:
"appeal" includes an application for a re-hearing;
"Appeal Division" means the Appeal Division of the Family Court;
"applicant" includes a cross-applicant and, in relation to proceedings for dissolution of marriage instituted before the commencement of this Act, includes a petitioner or cross-petitioner;
"appropriate officer", when used in Part IIIA in relation to the Family Court, means:
(a) the Chief Executive Officer of the Family Court; or
(b) any other officer of the Family Court specified in writing by the Chief Executive Officer for the purposes of this definition;
"approved", in relation to a marriage counselling organization, means approved by the Attorney-General in pursuance of section 12;
"approved arbitrator" means an arbitrator approved under the regulations;
"approved mediator" means a mediator approved under the regulations;
"Australia" includes Norfolk Island;
"child of a marriage" includes a child who is, under subsection 60A (1) or (2), a child of a marriage, but does not include a child who has, under subsection 60A (3), ceased to be a child of a marriage;
"Commonwealth instrumentality" means a body or authority established for a public purpose by or under a law of the Commonwealth;
"court", in relation to any proceedings, means the court exercising jurisdiction in those proceedings by virtue of this Act;
"court counsellor" means:
(a) the Principal Director of Court Counselling, a Director of Court Counselling or another court counsellor appointed under section 38N; or
(b) a person appointed under a law of a State as a counsellor in relation to a Family Court of that State;
"decree" means decree, judgment or order, and includes a decree nisi and an order dismissing an application or refusing to make a decree or order;
"financial matters", in relation to the parties to a marriage, means matters with respect to:
(a) the maintenance of one of the parties;
(b) the property of those parties or of either of them; or
(c) the maintenance of children of the marriage;
"financial or custodial proceedings" means proceedings (being, unless the context otherwise requires, proceedings under this Act) of a kind referred to in any of paragraphs (c) to (eb) of the definition of "matrimonial cause" in this subsection or under Part VII;
"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 subsection 28 (4), to complete the hearing and determination, or the determination, of those proceedings;
"General Division" means the General Division of the Family Court;
"income tested pension, allowance or benefit" means a pension, allowance or benefit prescribed, or included in a class of pensions, allowances or benefits prescribed, for the purposes of this definition;
"made", in relation to a decree, being a judgment, means given;
"maintenance agreement" means an agreement in writing made, whether before or after the commencement of this Act and whether within or outside Australia, between the parties to a marriage, being an agreement that makes provision with respect to financial matters, whether or not there are other parties to the agreement and whether or not it also makes provision with respect to other matters, and includes such an agreement that varies an earlier maintenance agreement;
"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;
"marriage counsellor" means:
(a) the Principal Director of Court Counselling, a Director of Court Counselling or another court counsellor appointed under section 38N;
(aa) a person appointed under a law of a State as a counsellor in relation to a Family Court of that State;
(b) a person authorized by an approved marriage counselling organization to offer marriage counselling on behalf of the organization; or
(c) a person authorized under the regulations to offer marriage counselling;
"matrimonial cause" means:
(a) proceedings between the parties to a marriage, or by the parties to a marriage, for a decree of:
(i) dissolution of marriage; or
(ii) nullity of marriage;
(b) proceedings for a declaration as to the validity of a marriage or of the dissolution or annulment of a marriage by decree or otherwise;
(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 jurisdiction, where that dissolution, annulment or legal separation is recognized as valid in Australia under section 104;
(d) proceedings between the parties to a marriage for the approval by a court of a maintenance agreement or for the revocation of such an approval or for the registration of a maintenance agreement;
(e) proceedings between the parties to a marriage for an order or injunction in circumstances arising out of the marital relationship (other than proceedings under a law of a State or Territory prescribed for the purposes of section 114AB);
(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 jurisdiction in proceedings of a kind referred to in paragraph (c); or
(f) any other proceedings (including proceedings with respect to the enforcement of a decree or the service of process) in relation to concurrent, pending or completed proceedings of a kind referred to in any of paragraphs (a) to (eb), including proceedings of such a kind pending at, or completed before, the commencement of this Act;
"ordinarily resident" includes habitually resident;
"overseas jurisdiction" means a country, or part of a country, outside Australia;
"overseas maintenance agreement" means a maintenance agreement that has force and effect in a prescribed overseas jurisdiction by reason of the registration of the agreement, or the taking of any other action in relation to the agreement, under the law of that jurisdiction and includes an agreement with respect to the maintenance of an ex-nuptial child that would be covered by the foregoing provisions of this definition if the child were a child of the marriage of the parties to the agreement;
"Part VIII proceedings" means proceedings under Part VIII for orders with respect to spousal maintenance or the property of parties to a marriage, but does not include any proceedings specified in the regulations for the purposes of this definition;
"police officer" means:
(a) a member or special member of the Australian Federal Police; or
(b) a member, however described, of the police force of a State or Territory;
"prescribed overseas jurisdiction" means New Zealand or any other country, or part of a country, outside Australia that is declared by the regulations to be a prescribed overseas jurisdiction for the purposes of the provision in which the expression is used;
"prescribed proceedings" means:
(a) proceedings for principal relief; or
(b) proceedings in relation to concurrent, pending or completed proceedings for principal relief;
"private arbitration" means arbitration by an arbitrator specified by the regulations for the purposes of this definition, other than arbitration carried out as a result of an order made under section 19D;
"proceedings" means a proceeding in a court, whether between parties or not, and includes cross-proceedings or an incidental proceeding in the course of or in connexion with a proceeding;
"proceedings for principal relief" means proceedings under this Act of a kind referred to in paragraph (a) or (b) of the definition of "matrimonial cause" in this subsection;
"property", in relation to the parties to a marriage or either of them, means property to which those parties are, or that party is, as the case may be, entitled, whether in possession or reversion;
"Registrar", in relation to a court, means the principal officer of the court or any other appropriate officer of the court;
"repealed Act" means the Matrimonial Causes Act 1959;
"separation order" means a decree, not being a decree of dissolution or nullity of marriage or for a judicial separation, having the effect of relieving a party to a marriage from any obligation to cohabit with the other party to the marriage;
"Territory" includes:
(a) Norfolk Island;
(b) the Territory of Christmas Island;
(c) the Territory of Cocos (Keeling) Islands;
but does not include any other external Territory;
"this Act" includes the regulations and Rules of Court;
"voluntary organization" includes a branch or section of such an organization, being a branch or section that is identified by a distinct name and in respect of which separate financial accounts are maintained;
"welfare officer" means:
(a) a person appointed under a law of a State as a welfare officer in relation to a Family Court of that State;
(b) an officer or employee, within the meaning of the Public Service Act 1922, performing duties in the Australian Public Service as a welfare officer;
(ba) a person who is permanently or temporarily employed as a welfare officer in the Public Service of a Territory;
(c) a person who is permanently or temporarily employed as a welfare officer in the Public Service of a State and whose services have been made available for the purposes of this Act in pursuance of an arrangement between the Government of the Commonwealth and the Government of the State;
(d) a person nominated by an organization concerned with the welfare of children, being an organization that has been approved by the Attorney-General; or
(e) a person appointed as a welfare officer in accordance with the regulations.


(1A) In this Act:
(a) a reference to the Family Court is a reference to the Family Court of Australia; and
(b) a reference to a Family Court of a State is a reference to a court to which section 41 applies.


(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.

FAMILY LAW ACT 1975 - SECT 6
Polygamous marriages

SECT

6. For the purpose of proceedings under this Act, a union in the nature of a marriage which is, or has at any time been, polygamous, being a union entered into in a place outside Australia, shall be deemed to be a marriage.

FAMILY LAW ACT 1975 - SECT 7
Extension of Act to certain Territories

SECT

7. This Act extends to the following Territories:
(a) Norfolk Island;
(b) the Territory of Christmas Island;
(c) the Territory of Cocos (Keeling) Islands.

FAMILY LAW ACT 1975 - SECT 8
Supersession of existing laws

SECT

8. (1) After the commencement of this Act:
(a) proceedings by way of a matrimonial cause shall not be instituted except under this Act; and
(b) proceedings by way of a matrimonial cause instituted before the commencement of this Act shall not be continued except in accordance with section 9.


(2) Proceedings for a decree of restitution of conjugal rights, of jactitation of marriage or of judicial separation shall not be instituted or continued after the commencement of this Act.


(3) Proceedings for a separation order shall not be instituted after the commencement of this Act.

FAMILY LAW ACT 1975 - SECT 9
Transitional

SECT

9. (1) Subject to subsections (2) and (2A), pending proceedings for a decree of dissolution of marriage or for a decree of nullity of marriage on the ground that the marriage is voidable, and pending proceedings for a separation order, may be continued and shall be dealt with as if this Act had not been passed.


(2) Where the parties have lived separately and apart for a continuous period of not less than 12 months immediately preceding the date of commencement of this Act, pending proceedings for a decree of dissolution of marriage shall, if either party so requests, be dealt with as if they were proceedings instituted under this Act on the ground referred to in section 48, and, in relation to proceedings in which such a request is made, subsection 48 (2) has effect as if the proceedings for dissolution of marriage had been instituted by an application filed on the date of commencement of this Act.


(2A) Where subsection (2) does not apply but the parties have lived separately and apart for a continuous period of not less than 12 months immediately preceding the date of making of the request under this subsection, pending proceedings for a decree of dissolution of marriage shall, if either party so requests, be dealt with as if they were proceedings instituted under this Act on the ground referred to in section 48, and, in relation to proceedings in which such a request is made, subsection 48 (2) has effect as if the proceedings for dissolution of marriage had been instituted by an application filed on the date of making of the request.


(3) Pending proceedings for a decree of nullity of marriage on the ground that the marriage is void or proceedings of a kind referred to in paragraph (b) of the definition of "matrimonial cause" in subsection 4 (1) may be continued and shall be dealt with as if they were proceedings instituted under this Act.


(4) Pending proceedings constituting a matrimonial cause, not being proceedings for principal relief, whether instituted under the repealed Act or under the law of a State or Territory, may be continued and shall be dealt with as if they were proceedings instituted under this Act.


(5) Subsection 117 (1) does not apply to proceedings continued and dealt with under this section.


(6) Where, in any proceedings constituting a matrimonial cause, a decree has been made before the commencement of this Act:
(a) any appeal in respect of that decree may be continued or instituted;
(b) any new trial or re-hearing ordered upon the hearing of such an appeal, or upon an appeal heard before the commencement of this Act, may be had and completed; and
(c) any decree may be made upon any such appeal, new trial or re-hearing, and, if a decree so made is a decree nisi, the decree may become absolute;
as if this Act had not been passed.


(7) Where, in any proceedings constituting a matrimonial cause, a decree nisi was made before the commencement of this Act but did not become absolute before that date, the decree becomes absolute upon:
(a) the expiration of 1 month from the date of making of the decree;
(b) the expiration of 1 month from the date of making of a relevant order under subsection 71 (1) of the repealed Act or section 55A of this Act; or
(c) the date of commencement of this Act;
whichever is the latest.


(7A) Where, in any proceedings constituting a matrimonial cause, being proceedings continued and dealt with in accordance with subsection (1), a decree nisi was made on or after 5 January 1976 and before the date of commencement of this subsection, being a decree that did not become absolute before that last-mentioned date, or is made on or after the date of commencement of this subsection, then:
(a) except in the case of a decree made before the date of commencement of this subsection in respect of which a relevant order was made under subsection 71 (1) of the repealed Act before that date - section 55A of this Act applies in relation to the decree; and
(b) the decree becomes absolute upon:
(i) the expiration of one month from:
(A) in the case of a decree in respect of which a relevant order
was made under subsection 71 (1) of the repealed Act before the date of commencement of this subsection - the date of making of that order; or
(B) in any other case - the date of making of a relevant order
under section 55A of this Act; or
(ii) the date of commencement of this subsection;
whichever is the later.


(8) The law to be applied, and the practice and the procedure to be followed, in and in relation to pending proceedings that are continued as if this Act had not been passed shall be the same as if this Act had not been passed.


(9) In this section:
"appeal" includes:
(a) an application for leave or special leave to appeal;
(b) an application for a new trial or for a re-hearing; and
(c) an intervention;
"pending proceedings" means proceedings that were instituted before the date of commencement of this Act but were not completed before that date.

FAMILY LAW ACT 1975 - PART II
PART II - MARRIAGE COUNSELLING ORGANIZATIONS

FAMILY LAW ACT 1975 - SECT 11
Grants to approved marriage counselling organizations

SECT

11. The Minister may, from time to time, out of moneys appropriated by the Parliament for the purposes of this Part, grant to an approved marriage counselling organization, upon such conditions as the Minister thinks fit, such sums by way of financial assistance as the Minister determines.

FAMILY LAW ACT 1975 - SECT 12
Approval of marriage counselling organisations

SECT

12. (1) A voluntary organization may apply to the Minister for approval under this Part as a marriage counselling organization.


(2) The Minister may approve any such organization as a marriage counselling organization where the Minister is satisfied that:
(a) the organization is willing and able to engage in marriage counselling; and
(b) marriage counselling constitutes or will constitute the whole or the major part of its activities.


(3) The approval of an organization under this section may be given subject to such conditions as the Minister determines.


(4) Where the approval of an organization has been given subject to conditions, the Minister may, from time to time, revoke or vary all or any of those conditions or add further conditions.


(5) An approval of a voluntary organization under Part II of the repealed Act shall be deemed to be an approval under this section.


(6) The Minister may, at any time, revoke the approval of an organization where:
(a) the organization has not complied with a condition of the approval of the organization;
(b) the organization has not furnished, in accordance with section 13, a statement or report that the organization was required by that section to furnish; or
(c) the Minister is satisfied that the organization is not adequately carrying out marriage counselling.


(7) A list of all organisations approved under this section (other than organisations whose approvals have been revoked) must be published annually in such manner as the Minister considers appropriate.

FAMILY LAW ACT 1975 - SECT 13
Reports and financial statements of approved marriage counselling
organizations

SECT

13. (1) An approved marriage counselling organization shall, not later than 30 September in each year, furnish to the Minister, in respect of the period of 12 months that ended on 30 June in that year:
(a) an audited financial statement of the receipts and payments of the organization, in which receipts and payments in respect of its marriage counselling activities are shown separately from other receipts and payments; and
(b) a report on its marriage counselling activities, including information as to the number of cases dealt with by the organization during the year.


(2) Where the Minister is satisfied that it would be impracticable for an organization to comply with the requirements of subsection (1) or that the application of those requirements to an organization would be unduly onerous, the Minister may, by writing, exempt the organization, wholly or in part, from those requirements.

FAMILY LAW ACT 1975 - PART III
PART III - COUNSELLING AND RECONCILIATION

FAMILY LAW ACT 1975 - SECT 14
Conciliation

SECT

14. (1) Where proceedings for a dissolution of marriage have been instituted, or financial or custodial proceedings have been instituted by a party to a subsisting marriage, it is the duty of the Judge constituting the court and of every legal practitioner representing a party to give consideration, from time to time, to the possibility of a reconciliation of the parties.


(2) If, in such proceedings, it appears at any time to the Judge from the evidence in the proceedings or the attitude of the parties, or of either of them, that there is a reasonable possibility of such a reconciliation, the Judge may:
(a) adjourn the proceedings to afford the parties an opportunity to consider a reconciliation; or
(b) with the consent of those parties, interview them in chambers, with or without counsel, as the Judge thinks proper, with a view to effecting a reconciliation.


(2A) Where a Judge adjourns proceedings in accordance with paragraph (2) (a), the Judge may, if he or she thinks it desirable to do so, advise the parties to attend upon a marriage counsellor or an approved marriage counselling organization or to request the Principal Director of Court Counselling of the Family Court or an appropriate officer of a Family Court of a State to nominate some other suitable person or organization to assist them in considering a reconciliation.


(3) If, after an adjournment under subsection (2) has taken place, either of the parties requests that the hearing be proceeded with, the Judge shall resume the hearing as soon as practicable.


(4) Where the court makes an order or grants an injunction under section 114, the court shall, if it is of opinion that it is in the interests of the parties or of their children to do so, direct or advise either or both of the parties to attend upon a marriage counsellor, but failure to comply with such direction or advice does not constitute a contempt of the court.


(5) Where a court having jurisdiction under this Act is of the opinion that counselling may assist the parties to a marriage to improve their relationship to each other or to any of their children, it may advise the parties to attend upon a marriage counsellor or an approved marriage counselling organization and, if it considers it desirable to do so, adjourn any proceedings before it to enable the attendance.


(6) In this section:
"Judge" includes a magistrate, Judicial Registrar or Registrar.

FAMILY LAW ACT 1975 - SECT 15
Notice seeking counselling

SECT

15. (1) A party to a marriage may file in the Family Court or in a Family Court of a State a notice stating that the party wishes to have the assistance of the counselling facilities of that Court.


(2) Where such a notice is filed, the Principal Director of Court Counselling of the Family Court or an appropriate officer of the Family Court of that State, as the case may be, shall arrange for the parties to the marriage to be interviewed by a marriage counsellor for the purpose of assisting the parties with a view to a reconciliation or the improvement of their relationship to each other or to any of their children.

FAMILY LAW ACT 1975 - SECT 16
Advice as to counselling

SECT

16. (1) The Principal Director of Court Counselling of the Family Court may advertise the existence and availability of the counselling and welfare facilities of the Family Court and of other courts having jurisdiction under this Act.


(2) A party to a marriage, or to proceedings under this Act, may seek the assistance of the counselling facilities of the Family Court or of a Family Court of a State, and the Principal Director of Court Counselling of the Family Court or an appropriate officer of the Family Court of that State, as the case may be, shall, as far as practicable, make those facilities available.

FAMILY LAW ACT 1975 - SECT 16A
Conciliation counselling

SECT

16A. (1) The Family Court and any other court exercising jurisdiction under this Act, and any legal practitioner acting in proceedings under this Act or consulted by a person who is considering instituting proceedings under this Act, shall have regard to the need to direct the attention of parties to such proceedings and persons considering such proceedings to:
(a) the facilities provided by courts exercising jurisdiction under this Act for counselling to assist parties to marriages and their children to adjust to the consequences of marital breakdown; and
(b) the procedures available for the resolution by conciliation of matters arising in the proceedings.


(2) Subsection (1) does not apply in relation to:
(a) a court exercising jurisdiction under Part VII; or
(b) proceedings under Part VII.

FAMILY LAW ACT 1975 - SECT 17
Provision of certain documents

SECT

17. The Rules of Court shall provide for the furnishing to persons proposing to institute proceedings under this Act (other than under Part VII), and in appropriate cases to their spouses, of documents setting out:
(a) the legal and possible social effects of the proposed proceedings (including the consequences for children whose welfare is likely to be affected by the proceedings); and
(b) the counselling and welfare facilities available within the Family Court and elsewhere.

FAMILY LAW ACT 1975 - SECT 18
Admissions made to marriage counsellors etc.

SECT

18. (1) This section applies to:
(a) a marriage counsellor;
(b) a person nominated, or acting on behalf of an organization nominated, for the purposes of subsection 14 (2A) or subparagraph 44 (1B) (a) (ii); or
(c) a person to whom a party to a marriage has been referred by a marriage counsellor, or by a person referred to in paragraph (b), for medical or other professional consultation.


(2) Evidence of anything said or of any admission made at a conference with a person to whom this section applies acting in the capacity referred to in subsection (1) is not admissible in any court (whether exercising federal jurisdiction or not) or in proceedings before a person authorized by a law of the Commonwealth or of a State or Territory, or by consent of parties, to hear evidence.

FAMILY LAW ACT 1975 - SECT 19
Oath or affirmation of secrecy

SECT

19. (1) A marriage counsellor shall, before entering upon the performance of the functions as such a counsellor, make before a person authorized under the law of the Commonwealth or of a State or a Territory to take affidavits, an oath or affirmation of secrecy in accordance with the prescribed form.


(2) A marriage counsellor who has made an oath or affirmation of secrecy under the repealed Act shall be deemed to have made an oath or affirmation under this section.

FAMILY LAW ACT 1975 - PART IIIA
PART IIIA - MEDIATION AND ARBITRATION

FAMILY LAW ACT 1975 - DIVISION 1
Division 1 - Mediation

FAMILY LAW ACT 1975 - SECT 19A
Request for mediation

SECT

19A. (1) A person who is:
(a) the parent or adoptive parent of a child; or
(b) a child; or
(c) a party to a marriage;
and who is not a party to proceedings under this Act, may file in the Family Court, or in a Family Court of a State, a notice asking for the help of a mediator in settling a dispute to which the person is a party .


(2) Where a notice is filed in a court:
(a) the notice must be dealt with in accordance with the Rules of Court; and
(b) if a mediation service is available at the Registry of the court and the dispute is one that, under the Rules of Court, may be mediated, the appropriate officer of the court must make arrangements for an approved mediator to mediate the dispute in accordance with the Rules of Court.


(3) In this section:
"dispute" means a dispute about a matter with respect to which proceedings (other than prescribed proceedings) could be instituted under this Act.

FAMILY LAW ACT 1975 - SECT 19B
Court may refer matters for mediation

SECT

19B. (1) Subject to the Rules of Court, the Family Court or a Family Court of a State, may, with the consent of the parties to any proceedings before it under this Act (other than prescribed proceedings), make an order referring any or all of the matters in dispute in the proceedings for mediation by an approved mediator.


(2) Where a court makes an order under subsection (1), it may, if necessary, adjourn the proceedings and may make such additional orders as it thinks appropriate to facilitate the effective conduct of the mediation.


(3) Where a court makes an order under subsection (1), the appropriate officer of the court must make arrangements for an approved mediator to mediate the relevant disputed matter in accordance with the Rules of Court.


(4) Where:
(a) a court makes an order under subsection (1) in relation to any matter in dispute in proceedings before it; and
(b) a party to the proceedings files a notice in the court that the mediation of the matter has ended;
the court may make such orders, or give such directions, as it thinks appropriate in relation to the proceedings.

FAMILY LAW ACT 1975 - SECT 19C
Admissions made to mediators

SECT

19C. Evidence of anything said, or of any admission made, at a conference conducted by an approved mediator, acting as such a mediator, is not admissible:
(a) in any court (whether exercising federal jurisdiction or not); or
(b) in any proceedings before a person authorised by a law of the Commonwealth or of a State or Territory, or by the consent of the parties, to hear evidence.

FAMILY LAW ACT 1975 - DIVISION 2
Division 2 - Arbitration

FAMILY LAW ACT 1975 - SECT 19D
Court may refer proceedings to arbitration

SECT

19D. (1) In any Part VIII proceedings the court may, subject to the Rules of Court, make an order referring the proceedings, or any part of them, or any matter arising in them, to an approved arbitrator for arbitration in accordance with the Rules of Court.


(2) A court may make an order under subsection (1) with or without the consent of the parties.


(3) Where a court makes an order under subsection (1), it may, if necessary, adjourn the proceedings and may make such additional orders as it thinks appropriate to facilitate the effective conduct of the arbitration.


(4) Where a court makes an order under subsection (1), the arbitration must be carried out by the approved arbitrator in accordance with the Rules of Court.


(5) A party to an award in an arbitration carried out as a result of an order under this section may register the award, in accordance with the Rules of Court, in the court that made that order and the award, when so registered, has effect as if it were a decree made by that court.

FAMILY LAW ACT 1975 - SECT 19E
Private arbitration

SECT

19E. (1) A court having jurisdiction under this Act may, on application by a party to the private arbitration of a dispute, make such orders as the court thinks appropriate to facilitate the effective conduct of the arbitration.


(2) A party to an award made in a private arbitration of a dispute may register the award, in accordance with the Rules of Court, in a court having jurisdiction under this Act and the award, when so registered, has effect as if it were a decree made by that court.


(3) In this section:
"dispute" means:
(a) Part VIII proceedings; or
(b) any part of such proceedings; or
(c) any matter arising in such proceedings; or
(d) a dispute about a matter with respect to which such proceedings could be instituted.

FAMILY LAW ACT 1975 - SECT 19F
Review of awards made in private arbitration

SECT

19F. (1) A party to a registered award made in private arbitration may apply to a Full Court of the Family Court for review of the award on questions of law.


(2) On a review of an award under this section, the court may:
(a) determine all questions of law arising in relation to the arbitration; and
(b) make such decrees as it thinks appropriate, including a decree affirming, reversing or varying the award.

FAMILY LAW ACT 1975 - SECT 19G
Review of other awards

SECT

19G. (1) A party to a registered award made in arbitration carried out as a result of an order made under subsection 19D (1) may apply to a single Judge of the Family Court for review of the award.


(2) A Judge who reviews an award under this section must do so by rehearing the matters to which the award relates and:
(a) must determine, as if for the first time, all questions of fact and law arising in relation to the arbitration; and
(b) may, by decree, either confirm the award or make such other award as the Judge thinks appropriate.

FAMILY LAW ACT 1975 - DIVISION 3
Division 3 - Miscellaneous

FAMILY LAW ACT 1975 - SECT 19H
Assessors

SECT

19H. In any proceedings under this Act (other than prescribed proceedings), the court may, in accordance with the Rules of Court, call in the aid of an assessor to assist it in the hearing and determination of the proceedings, or any part of them or any matter arising under them.

FAMILY LAW ACT 1975 - SECT 19J
Advice about mediation and arbitration

SECT

19J. (1) The appropriate officer of the Family Court or of a Family Court of a State must, as far as practicable, on request by a party to a marriage or to proceedings under this Act, advise the party about any mediation or arbitration facilities available in the court and how those facilities are made available.


(2) The Rules of Court must provide for persons who propose to institute proceedings under this Act, and (in appropriate cases) their spouses, and other interested persons, to be given a document setting out particulars of any mediation and arbitration facilities available in the Family Court and elsewhere.

FAMILY LAW ACT 1975 - SECT 19K
Oath or affirmation by approved mediator

SECT

19K. An approved mediator must, before starting to perform the functions of such a mediator, make an oath or affirmation of secrecy in accordance with the prescribed form before a person authorised under a law of the Commonwealth, or of a State or Territory, to take affidavits.

FAMILY LAW ACT 1975 - SECT 19L
Oath or affirmation by approved arbitrator

SECT

19L. An approved arbitrator must, before starting to perform the functions of such an arbitrator, make an oath or affirmation in accordance with the prescribed form before a person authorised under a law of the Commonwealth, or of a State or Territory, to take affidavits.

FAMILY LAW ACT 1975 - SECT 19M
Protection of mediators and arbitrators

SECT

19M. An approved mediator, an approved arbitrator, or an arbitrator who carries out a private arbitration, has, in performing the functions of such a mediator or arbitrator, the same protection and immunity as a Judge of the Family Court has in performing the functions of such a Judge.

FAMILY LAW ACT 1975 - PART IV
PART IV - THE FAMILY COURT OF AUSTRALIA

FAMILY LAW ACT 1975 - DIVISION 1
Division 1 - Interpretation

FAMILY LAW ACT 1975 - SECT 20
Interpretation

SECT

20. In this Part, unless the contrary intention appears:
"Chief Judge" means the Chief Judge of the Court, and includes the Deputy Chief Judge or a Judge Administrator if the Deputy Chief Judge or Judge Administrator is for the time being performing the duties and exercising the powers of the Chief Judge;
"Court" means the Family Court of Australia;
"Deputy Chief Judge" means the Deputy Chief Judge of the Court;
"Judge" means a Judge of the Family Court (including the Chief Judge, the Deputy Chief Judge, a Judge Administrator or a Senior Judge);
"Judge Administrator" means a Judge Administrator of the Court.

FAMILY LAW ACT 1975 - DIVISION 2
Division 2 - The Family Court of Australia

FAMILY LAW ACT 1975 - SECT 21
Creation of Court

SECT

21. (1) A Court, to be known as the Family Court of Australia, is created by this Act.


(2) The Court is a superior court of record.


(3) The Court consists of:
(a) a Chief Judge, who shall be called the Chief Justice of the Court;
(b) a Deputy Chief Judge, who shall be called the Deputy Chief Justice of the Court; and
(c) Judge Administrators, Senior Judges and other Judges, not exceeding, in total, such number as is prescribed.


(4) Regulations made pursuant to subsection (3) shall take effect at the expiration of 7 sitting days after the regulations have been laid before each House of the Parliament.

FAMILY LAW ACT 1975 - SECT 21A
Divisions of Court

SECT

21A. For the purposes of the organization and conduct of the business of the Court, the Court comprises 2 Divisions, namely, the Appeal Division and the General Division.

FAMILY LAW ACT 1975 - SECT 21B
Arrangement of business of Court

SECT

21B. (1) The Chief Judge is responsible for ensuring the orderly and expeditious discharge of the business of the Court and accordingly may, subject to this Act and to such consultation with the Judges as is appropriate and practicable, make arrangements as to the Judge or Judges who is or are to constitute the Court, or the Full Court, in particular matters or classes of matters.


(2) The Deputy Chief Judge shall assist the Chief Judge in the exercise of the functions conferred on the Chief Judge by subsection (1).


(3) A Judge Administrator shall, in relation to such part of Australia as is from time to time assigned by the Chief Judge, assist the Chief Judge and the Deputy Chief Judge in the exercise of such of the functions conferred on the Chief Judge by subsection (1) as are from time to time so assigned.

FAMILY LAW ACT 1975 - DIVISION 3
Division 3 - Judges

FAMILY LAW ACT 1975 - SECT 22
Appointment, removal and resignation of Judges

SECT

22. (1) A Judge:
(a) shall be appointed by the Governor-General; and
(b) shall not be removed except by the Governor-General, on an address from both Houses of the Parliament in the same session praying for the Judge's removal on the grounds of proved misbehaviour or incapacity.


(2) A person shall not be appointed as a Judge unless:
(a) the person is or has been a Judge of another court created by the Parliament or of a court of a State or has been enrolled as a legal practitioner of the High Court or of the Supreme Court of a State or Territory for not less than 5 years; and
(b) by reason of training, experience and personality, the person is a suitable person to deal with matters of family law.


(2AA) The members of the Appeal Division of the Court are the Chief Judge, the Deputy Chief Judge and such other Judges as are assigned to the Appeal Division under this section.


(2AB) The Governor-General may, in the commission of appointment of a Judge or, with the consent of the Judge but not otherwise, at a later time assign a Judge to the Appeal Division.


(2AC) The Governor-General shall not assign a Judge to the Appeal Division under subsection (2AB) if, as a result of that assignment, the number of members of the Appeal Division assigned under that subsection would exceed 6.


(2AF) A Judge (other than the Chief Judge or the Deputy Chief Judge) who is not assigned to the Appeal Division shall be deemed to be assigned to the General Division.


(2AFA) Where a person holding office as a Senior Judge or Judge of the Court is appointed Deputy Chief Judge or a Judge Administrator, the person retains that office as Senior Judge or Judge, as the case may be, and may resign the office of Deputy Chief Judge or Judge Administrator without resigning that first-mentioned office.


(2AG) Notwithstanding anything contained in any other Act, a person may hold office at the one time as a Judge of the Court and as a Judge of a prescribed court or of 2 or more prescribed courts.


(2AH) In subsection (2AG), "prescribed court" means:
(a) a court (other than the Court) created by the Parliament; or
(b) the Supreme Court of the Northern Territory.


(2A) A person may be appointed to the office of Judge of the Family Court of Australia notwithstanding that he holds an office of Judge of a Family Court of a State and may serve in that office of Judge of the Family Court of Australia notwithstanding that he continues to hold, and serve in, the office of Judge of the Family Court of that State.


(2B) If a person who holds office as a Judge of the Family Court of Australia is appointed or serves as a Judge of a Family Court of a State, the appointment or service shall not affect his or her tenure of that office of Judge of the Family Court of Australia or his or her rank, title, status, precedence, salary or annual allowance or other rights or privileges as the holder of that office of Judge of the Family Court of Australia and, for all purposes, his or her service as a Judge of the Family Court of that State shall be taken to be service as the holder of that office of Judge of the Family Court of Australia.


(3) A Judge may resign office by writing under his or her hand addressed to the Governor-General.


(3A) The resignation takes effect on:
(a) the day on which it is received by the Governor-General; or
(b) a later day specified in the resignation document.


(4) A Judge or former Judge is entitled to be styled "The Honourable".

FAMILY LAW ACT 1975 - SECT 23
Seniority

SECT

23. (1) The Chief Judge is senior to all other Judges of the Court.


(2) The Deputy Chief Judge is senior to all other Judges of the Court other than the Chief Judge.


(3) Judges appointed as Judge Administrators or assigned to the Appeal Division before, or not later than 3 months after, the commencement of section 13 of the Family Court of Australia (Additional Jurisdiction and Exercise of Powers) Act 1988 have seniority next to the Deputy Chief Judge, and have such seniority in relation to each other as they had immediately before that commencement.


(4) The remaining Judge Administrators and Judges assigned to the Appeal Division have seniority next to the Judges to whom subsection (3) applies according to the days on which their appointments as Judge Administrators and their assignments to the Appeal Division (whichever first occurred) took effect.


(5) Where, because 2 or more appointments as Judge Administrator and assignments to the Appeal Division took effect on the same day, subsection (4) does not determine priority between the Judges concerned, those Judges have such seniority in relation to each other as is assigned to them by the Governor-General.


(6) The Senior Judges not assigned to the Appeal Division have seniority next to the Judges to whom subsection (4) applies according to the days on which their appointments as Senior Judges took effect.


(7) Where, because 2 or more commissions of appointment as Senior Judge took effect on the same day, subsection (6) does not determine seniority between the Senior Judges concerned, those Judges have such seniority in relation to each other as is assigned to them by the Governor-General.


(8) The Judges who are not Judge Administrators or Senior Judges and are not assigned to the Appeal Division have seniority next to the Senior Judges to whom subsection (6) applies according to the days on which their appointments as Judges took effect.


(9) Where, because 2 or more commissions of appointment as Judge took effect on the same day on or after the commencement of this subsection, subsection (8) does not determine seniority between the Judges concerned, those Judges have such seniority in relation to each other as is assigned to them by the Governor-General.


(10) If:
(a) a person's commission of appointment as a Judge of a particular kind terminates; and
(b) a new commission of appointment of the person as a Judge of that kind takes effect immediately after the termination;
the day of appointment of the person as a Judge of that kind is, for the purposes of this section, the day on which the earlier appointment took effect and not the day on which the later appointment took effect.


(11) Subsection (10) applies to the termination of a commission of appointment however it occurs (whether because of resignation or because of the expiration of the term of the appointment or otherwise).

FAMILY LAW ACT 1975 - SECT 24
Absence or illness of Chief Judge

SECT

24. (1) Whenever:
(a) the Chief Judge is absent from Australia or from duty; or
(b) there is a vacancy in the office of Chief Judge;
the Deputy Chief Judge or, if the Deputy Chief Judge is unavailable, the senior Judge Administrator who is in Australia and is available and willing to do so shall perform the duties and may exercise the powers of the Chief Judge.


(2) A Judge who is, under subsection (1), performing the duties and exercising the powers of the Chief Judge shall be called the Acting Chief Justice of the Court.

FAMILY LAW ACT 1975 - SECT 25
Salary and Allowances

SECT

25. (1) The Chief Judge, Deputy Chief Judge, Judge Administrators, Judges assigned to the Appeal Division, Senior Judges and other Judges of the Court shall receive salary, annual allowances and travelling allowances at such respective rates as are fixed from time to time by the Parliament.


(2) The salary and annual allowances of the Judges accrue from day to day and are payable monthly.


(3) The Consolidated Revenue Fund is appropriated to the extent necessary for payment of salaries and annual allowances in accordance with this section.

FAMILY LAW ACT 1975 - SECT 26
Oath or affirmation of allegiance and office

SECT

26. A Judge shall, before proceeding to discharge the duties of the office, take, before the Chief Justice or a Justice of the High Court of Australia or a Judge of the Family Court or of another court created by the Parliament, an oath or affirmation of allegiance in the form in the Schedule to the Constitution, and also an oath or affirmation in the following form:
"I, , do swear that I will well and truly serve in the office of
(Chief Judge, Deputy Chief Judge, Judge Administrator, Senior Judge
or Judge, as the case may be) of the Family Court of Australia and
that I will do right to all manner of people according to law,
without fear or favour, affection or illwill, So help me God." or
"I, , do solemnly and sincerely promise and declare that "(as
above, omitting the words "So help me God).

FAMILY LAW ACT 1975 - DIVISION 4
Division 4 - Judicial Registrars

FAMILY LAW ACT 1975 - SECT 26A
Judicial Registrars

SECT

26A. The Governor-General may appoint one or more Judicial Registrars of the Court.

FAMILY LAW ACT 1975 - SECT 26B
Powers of Judicial Registrars

SECT

26B. (1) The Judges, or a majority of them, may make Rules of Court delegating to the Judicial Registrars all or any of the powers of the Court except the power to make an order in relation to the custody, guardianship or welfare of, or access to, a child, other than an order until further order or an order made in undefended proceedings or with the consent of all the parties to the proceedings.


(2) Without limiting the generality of subsection (1), the Judges, or a majority of them, may make Rules of Court under that subsection:
(a) delegating to the Judicial Registrars all or any of the powers of the Court that could be delegated to the Registrars of the Court; and
(b) delegating to the Judicial Registrars powers of the Court by reference to powers of the Court that have been delegated to the Registrars of the Court under section 37A.


(3) A power delegated to the Judicial Registrars shall, when exercised by a Judicial Registrar, be deemed to have been exercised by the Court or a Judge, as the case requires.


(4) The delegation of a power to the Judicial Registrars does not prevent the exercise of the power by the Court or a Judge.


(5) The provisions of this Act, the regulations and the Rules of Court, and other laws of the Commonwealth, that relate to the exercise by the Court of a power that is, under a delegation made under subsection (1), exercisable by a Judicial Registrar, apply in relation to an exercise of the power by a Judicial Registrar as if references to the Court, or to a court exercising jurisdiction under this Act, were references to a Judicial Registrar.


(6) The Judicial Registrars shall have, in addition to the powers delegated to them under subsection (1), such other powers (if any) as are conferred on them by this Act, the regulations and the Rules of Court.

FAMILY LAW ACT 1975 - SECT 26C
Review of decisions of Judicial Registrars

SECT

26C. (1) A party to proceedings in which a Judicial Registrar has exercised a power delegated under subsection 26B (1) may, within the time prescribed by, or within such further time as is allowed in accordance with, Rules of Court made by the Judges or a majority of them, apply to the Court to review the exercise of the power.


(2) The Court may, on application made under subsection (1) or of its own motion, review the exercise by a Judicial Registrar of a power delegated under subsection 26B (1), and may make such orders as it considers appropriate in relation to the matter in relation to which the power was exercised.


(3) The Court may, on the application of a party or of its own motion, refer an application under subsection (1) to a Full Court of the Court.

FAMILY LAW ACT 1975 - SECT 26D
Exercise of delegated powers by Court

SECT

26D. (1) Where:
(a) an application for the exercise of a power delegated under subsection 26B (1) is to be, or is being, heard by a Judicial Registrar; and
(b) the Judicial Registrar considers that it is not appropriate for the application to be determined by a Judicial Registrar;
the Judicial Registrar shall not hear, or continue to hear, the application, and shall make appropriate arrangements for the application to be heard by the Court.


(2) Where:
(a) a power delegated under subsection 26B (1) is proposed to be exercised in a particular case by a Judicial Registrar; but
(b) the Judicial Registrar has not commenced to exercise the power in that case;
a Judge may, on application by a person who would be a party to the proceedings before the Judicial Registrar in relation to the proposed exercise of the power, order that the power be exercised in that case by a Judge.


(3) Where an application is made to a Judge under subsection (2) seeking an order that, in a particular case, a power be exercised by a Judge, the Judicial Registrar shall not commence to exercise the power in that case until the application has been determined.

FAMILY LAW ACT 1975 - SECT 26E
Rules of Court disallowable etc.

SECT

26E. Sections 48, 48A, 48B, 49 and 50 of the Acts Interpretation Act 1901 apply in relation to Rules of Court made under sections 26B and 26C as if references to regulations were references to the Rules of Court.

FAMILY LAW ACT 1975 - SECT 26F
Independence of Judicial Registrars

SECT

26F. Notwithstanding any provision of this Act or any other law, a Judicial Registrar is not subject to the direction or control of any person or body in the exercise of a power delegated under subsection 26B (1).

FAMILY LAW ACT 1975 - SECT 26G
Judicial Registrars hold office on full time or part time basis

SECT

26G. A Judicial Registrar may be appointed on a full time or part time basis.

FAMILY LAW ACT 1975 - SECT 26H
Qualifications for appointment etc.

SECT

26H. (1) A person shall not be appointed as a Judicial Registrar unless:
(a) the person is or has been a Judge of a court created by the Parliament or of a court of a State or the Northern Territory or has been enrolled as a legal practitioner of the High Court or of the Supreme Court of a State or Territory for not less than 5 years; and
(b) the person is, by reason of training, experience and personality, a suitable person to deal with matters of family law.


(2) A person who has attained 65 years of age shall not be appointed as a Judicial Registrar on a full time basis.

FAMILY LAW ACT 1975 - SECT 26I
Term of office

SECT

26I. (1) A Judicial Registrar:
(a) shall be appointed with effect from the day specified in the instrument of appointment; and
(b) holds office, subject to this Act:
(i) for such term (not exceeding 7 years) as is specified in the
instrument of appointment, but is eligible for re-appointment; or
(ii) if the instrument of appointment so provides, until attaining 65
years of age, but is eligible for re-appointment on a part time basis.


(2) The Governor-General shall not appoint a person as a Judicial Registrar on a full time basis for a term that extends beyond the day on which the person will attain 65 years of age.

FAMILY LAW ACT 1975 - SECT 26J
Remuneration and allowances

SECT

26J. (1) A Judicial Registrar shall be paid such remuneration as is determined by the Remuneration Tribunal.


(2) A Judicial Registrar shall be paid such allowances as are prescribed.


(3) This section has effect subject to the Remuneration Tribunals Act 1973.

FAMILY LAW ACT 1975 - SECT 26JA
Leave of absence

SECT

26JA. (1) Subject to section 87E of the Public Service Act 1922, a person appointed as a full-time Judicial Registrar has such recreation leave entitlements as are determined by the Remuneration Tribunal.


(2) The Chief Judge may grant a person appointed as a full-time Judicial Registrar leave of absence, other than recreation leave, on such terms and conditions as to remuneration or otherwise as the Chief Judge, with the approval of the Attorney-General, determines.

FAMILY LAW ACT 1975 - SECT 26K
Resignation

SECT

26K. (1) A Judicial Registrar may resign office by writing under his or her hand addressed to the Governor-General.


(2) The resignation takes effect on:
(a) the day on which it is received by the Governor-General; or
(b) a later day specified in the resignation document.

FAMILY LAW ACT 1975 - SECT 26L
Termination of appointment

SECT

26L. (1) The Governor-General may terminate the appointment of a Judicial Registrar for misbehaviour or physical or mental incapacity.


(2) The Governor-General shall terminate the appointment of a Judicial Registrar if the Judicial Registrar becomes bankrupt, applies to take the benefit of a law for the relief of bankrupt or insolvent debtors, compounds with his or her creditors or makes an assignment of his or her remuneration for their benefit.

FAMILY LAW ACT 1975 - SECT 26M
Oath or affirmation of office

SECT

26M. A Judicial Registrar shall, before proceeding to discharge the duties of the office, take, before the Chief Judge or another Judge of the Family Court, an oath or affirmation in the following form:
"I, , do swear that I will be faithful and bear true allegiance
to Her Majesty Queen Elizabeth the Second, Her Heirs and Successors
according to law and that I will well and truly serve Her in the
office of Judicial Registrar of the Family Court of Australia, So
help me God." or
"I, , do solemnly and sincerely promise and declare that I will
be faithful and bear true allegiance to Her Majesty Queen Elizabeth
the Second, Her Heirs and Successors according to law and that I will
well and truly serve Her in the office of Judicial Registrar of the
Family Court of Australia."

FAMILY LAW ACT 1975 - SECT 26N
Terms and conditions of appointment not provided for by Act

SECT

26N. A Judicial Registrar holds office on such terms and conditions (if any) in relation to matters not provided by this Act as are determined, in writing, by the Governor-General.

FAMILY LAW ACT 1975 - DIVISION 5
Division 5 - Jurisdiction and exercise of jurisdiction

FAMILY LAW ACT 1975 - SECT 27
Place of sitting

SECT

27. Sittings of the Court shall be held from time to time as required at the places at which the Registries of the Court are established, but the Court may sit at any place in Australia.

FAMILY LAW ACT 1975 - SECT 28
Exercise of jurisdiction

SECT

28. (1) The original jurisdiction of the Court may be exercised by one or more Judges.


(2) The jurisdiction of the Court in an appeal from a court of summary jurisdiction may be exercised by one Judge or by a Full Court.


(2A) Nothing in this Act prevents a Judge who is a member of the Appeal Division from exercising the jurisdiction of the Court that, under subsection (1) or (2), may be exercised by one or more Judges.


(3) The jurisdiction of the Court in an appeal from a Judge of the Court or of the Supreme Court of a State or Territory shall be exercised by a Full Court.


(3A) The jurisdiction of the Court to hear and determine a case stated under section 94A shall be exercised by a Full Court.


(4) Where, after a Full Court (including a Full Court constituted in accordance with this subsection) has commenced the hearing, or further hearing, of proceedings and before the proceedings have been determined, one of the Judges constituting the Full Court dies, resigns his or her office, ceases to be a member of the Court by reason that the term of his or her appointment expires or otherwise becomes unable to continue as a member of the Full Court for the purposes of the proceedings, then the hearing and determination, or the determination, of the proceedings may be completed:
(a) if only 2 Judges remain and one of those Judges is assigned to the Appeal Division, or if more than 2 Judges remain and a majority of those Judges are assigned to the Appeal Division - by the Court constituted by the remaining Judges; or
(b) with the consent of the parties - by the Court constituted by the remaining Judge or Judges and an additional Judge or Judges, where a majority of the Judges constituting the Court are assigned to the Appeal Division.


(5) A Full Court constituted in accordance with subsection (4) may have regard to any evidence given or received, and arguments adduced, by or before the Full Court as previously constituted.


(6) The Court constituted by one or more Judges may sit and exercise the jurisdiction of the Court notwithstanding that the Court constituted by one or more other Judges is at the same time sitting and exercising the jurisdiction of the Court.

FAMILY LAW ACT 1975 - SECT 30
Court divided in opinion

SECT

30. If the Judges constituting the Court for the purposes of any proceedings are divided in opinion as to the judgment to be pronounced, judgment shall be pronounced according to the opinion of the majority, if there is a majority, but, if the Judges are equally divided in opinion:
(a) in the case of an appeal from a judgment of the Family Court constituted by a single Judge, or of a Family Court of a State or the Supreme Court of a State or Territory - the judgment appealed from shall be affirmed; and
(b) in any other case - the opinion of the Chief Judge or, if he is not one of the Judges constituting the Court, the opinion of the most senior of those Judges, shall prevail.

FAMILY LAW ACT 1975 - SECT 31
Original jurisdiction of Family Court

SECT

31. (1) Jurisdiction is conferred on the Family Court with respect to:
(a) matters arising under this Act or under the repealed Act in respect of which matrimonial causes are instituted or continued under this Act;
(b) matters arising under the Marriage Act 1961 in respect of which proceedings (other than proceedings under Part VII of that Act) are instituted or continued under that Act;
(c) matters arising under a law of a Territory (other than the Northern Territory) concerning:
(i) the adoption of children;
(iv) the property of the parties to a marriage or either of them,
being matters arising between those parties other than matters referred to in the definition of "matrimonial cause" in subsection 4 (1); or
(v) the rights and status of a person who is an ex-nuptial child, and
the relationship of such a person to his parents; and
(d) matters (other than matters referred to in any of the preceding paragraphs) with respect to which proceedings may be instituted in the Family Court under this Act or any other Act.


(2) Subject to such restrictions and conditions (if any) as are contained in the regulations or the Rules of Court, the jurisdiction of the Family Court may be exercised in relation to persons or things outside Australia and the Territories.

FAMILY LAW ACT 1975 - SECT 33
Jurisdiction in associated matters

SECT

33. To the extent that the Constitution permits, jurisdiction is conferred on the Court in respect of matters not otherwise within the jurisdiction expressed by this Act or any law to be conferred on the Court that are associated with matters (including matters before the Court upon an appeal) in which the jurisdiction of the Court is invoked or that arise in proceedings (including proceedings upon an appeal) before the Court.

FAMILY LAW ACT 1975 - SECT 34
Issue of certain writs etc.

SECT

34. (1) The Court has power, in relation to matters in which it has jurisdiction, to make orders of such kinds, and to issue, or direct the issue of, writs of such kinds, as the Court considers appropriate.


(2) Without limiting the generality of subsection (1), the Court may issue, or direct the issue of, writs and orders of such kinds as are prescribed by the Rules of Court.

FAMILY LAW ACT 1975 - SECT 35
Contempt of court

SECT

35. Subject to this and any other Act, the Family Court has the same power to punish contempts of its power and authority as is possessed by the High Court in respect of contempts of the High Court.

FAMILY LAW ACT 1975 - DIVISION 6
Division 6 - Registries and officers

FAMILY LAW ACT 1975 - SECT 36
Registries

SECT

36. (1) The Governor-General shall cause such Registries of the Court to be established as the Governor-General thinks fit.


(2) Unless and until the regulations otherwise provide, the Principal Registry shall be located in Sydney.

FAMILY LAW ACT 1975 - SECT 37
Officers of Court

SECT

37. (1) In relation to a proceeding under this Act, the officers of the Court have such duties, powers and functions as are given by this Act or the Rules of Court or by the Chief Judge.


(2) The Principal Registrar of the Court may, subject to this Act, the regulations, the Rules of Court and any directions of the Chief Judge, give directions to the officers of the Court (other than the court counsellors) in relation to the manner in which the functions and duties of those officers are to be performed and the powers of those officers are to be exercised in relation to proceedings under this Act.

FAMILY LAW ACT 1975 - SECT 37A
Delegation of powers to Registrars

SECT

37A. (1) The Judges, or a majority of them, may, subject to subsection (2), make Rules of Court delegating to the Registrars all or any of the powers of the Court, including, without limiting the generality of the foregoing, all or any of the following powers of the Court:
(a) the power to dispense with the service of any process under this Act;
(b) the power to make orders in relation to substituted service;
(c) the power, in proceedings under this Act, to make orders in relation to discovery, inspection and production of documents in the possession, power or custody of a party to the proceedings or of any other person;
(d) the power, in proceedings under this Act, to direct a party to the proceedings to answer particular questions;
(e) the power to direct the parties to proceedings under this Act to attend conferences conducted by court counsellors or welfare officers;
(f) the power, in proceedings under this Act, to make:
(i) an order under section 66K, 66ZA or 77; or
(ii) an order for the payment of maintenance pending the disposal of
the proceedings;
(g) the power to make, in proceedings under this Act, an order the terms of which have been agreed upon by all the parties to the proceedings;
(h) the power, in proceedings under this Act, to make an order adjourning the hearing of the proceedings;
(j) the power under section 117 to make an order as to costs;
(k) the power to make orders (including an order for garnishment, seizure of property or sequestration) for the enforcement of maintenance orders;
(m) the power to make an order exempting a party to proceedings under this Act from compliance with a provision of the regulations or Rules of Court.


(2) The powers of the Court that may be delegated under subsection (1) do not include the power to make:
(a) a decree of dissolution of marriage in proceedings that are defended;
(b) a decree of nullity of marriage;
(c) a declaration as to the validity of a marriage or the dissolution or annulment of a marriage; or
(d) an order in relation to the custody, guardianship or welfare of, or access to, a child, other than an order made in undefended proceedings or with the consent of all the parties to the proceedings.


(3) A power delegated by Rules of Court under subsection (1), when exercised by a Registrar, shall, for all purposes, be deemed to have been exercised by the Court or a Judge, as the case requires.


(4) The delegation of a power by Rules of Court under subsection (1) does not prevent the exercise of the power by the Court or a Judge.


(5) If the power referred to in paragraph (1) (f) is delegated under subsection (1), a Registrar shall not exercise the power on application by a party to proceedings under this Act unless:
(a) the other party to the proceedings appears at the hearing of the application; or
(b) the Registrar is satisfied that notice of the intention of the first-mentioned party to make the application has been served on the other party.


(6) If the power referred to in paragraph (1) (j) is delegated under subsection (1), a Registrar shall not exercise the power except in relation to costs of or in connection with an application heard by a Registrar.


(7) The provisions of this Act, the regulations, the Rules of Court, and other laws of the Commonwealth, that relate to the exercise by the Court of a power that is, by virtue of a delegation under subsection (1), exercisable by a Registrar apply in relation to an exercise of the power by a Registrar under the delegation as if references in those provisions to the Court or to a court exercising jurisdiction under this Act were references to a Registrar.


(8) Notwithstanding any other provision of this Act and any provision of the Public Service Act 1922 or of any other law, a Registrar is not subject to the direction or control of any person or body in relation to the manner in which he or she exercises powers pursuant to a delegation under subsection (1).


(9) A party to proceedings in which a Registrar has exercised any of the powers of the Court pursuant to a delegation under subsection (1) may, within the time prescribed by, or within such further time as is allowed in accordance with, Rules of Court made by the Judges or a majority of them for the purposes of this subsection, apply to the Court to review that exercise of power.


(10) The Court may, on application under subsection (9) or of its own motion, review an exercise of power by a Registrar pursuant to a delegation under this section and may make such order or orders as it considers appropriate with respect to the matter with respect to which the power was exercised.


(11) Where:
(a) an application for the exercise of a power delegated under subsection (1) is to be, or is being, heard by a Registrar; and
(b) the Registrar considers that it is not appropriate for the application to be determined by a Registrar acting under the delegation;
the Registrar shall not hear, or continue to hear, the application and shall make appropriate arrangements for the application to be heard by the Court.


(12) Where:
(a) a power delegated under subsection (1) is proposed to be exercised in a particular case by a Registrar; but
(b) the Registrar has not commenced to exercise the power in that case;
a Judge may, on application by a person who would be a party to the proceedings before the Registrar in relation to the proposed exercise of the power, order that the power be exercised in that case by a Judge.


(13) Where an application is made to a Judge under subsection (12) seeking an order that, in a particular case, a power be exercised by a Judge, the Registrar shall not commence to exercise the power in that case until the application has been determined.


(14) Sections 48, 48A, 48B, 49 and 50 of the Acts Interpretation Act 1901 apply in relation to Rules of Court made under this section as if references in those sections of that Act to regulations were references to such Rules of Court.


(15) In this section, "Registrar" means the Principal Registrar, a Registrar or a Deputy Registrar of the Court.

FAMILY LAW ACT 1975 - SECT 37B
Independence of Registrars

SECT

37B. (1) Notwithstanding any provision of this Act other than subsection (3), and any provision of the Public Service Act 1922 or any other law, in the performance of a function or the exercise of a power under this Act, under the regulations or under the Rules of Court (other than a power delegated by Rules of Court under subsection 37A (1)):
(a) the Principal Registrar is subject to the direction and control of the Chief Judge and is not subject to the direction or control of any other person or body;
(b) a Registrar is subject to the direction and control of:
(i) the Chief Judge;
(ii) any other Judge authorized by the Chief Judge to direct and
control that Registrar; and
(iii) the Principal Registrar;
and is not subject to the direction or control of any other person or body; and
(c) a Deputy Registrar is subject to the direction and control of:
(i) the Chief Judge;
(ii) any other Judge authorized by the Chief Judge to direct and
control that Deputy Registrar;
(iii) the Principal Registrar; and
(iv) the Registrars;
and is not subject to the direction or control of any other person or body.


(2) Without limiting the generality of subsection (1), the Principal Registrar may, subject to this Act and to any directions of the Chief Judge, make arrangements as to the Registrars or Deputy Registrars who are to perform any functions or exercise any power under this Act, under the regulations or under the Rules of Court (including a power delegated by Rules of Court under subsection 37A (1)) in particular matters or classes of matters.


(3) The powers of the Principal Registrar in relation to the Registrars and the Deputy Registrars, and the powers of the Registrars in relation to the Deputy Registrars, shall be exercised subject to the directions of the Chief Judge.


(4) Where the Principal Registrar, a Registrar or a Deputy Registrar (in this subsection referred to as the "Registrar") has failed to fulfil his or her duty as an officer within the meaning of the Public Service Act 1922 in relation to the performance of a function or the exercise of a power under this Act, under the regulations or under the Rules of Court (other than a power delegated by Rules of Court under subsection 37A (1)), the Registrar may be dealt with under Division 6 of Part III of the Public Service Act 1922 if and only if the Chief Judge requests the person who is the Chief Officer in relation to the Registrar within the meaning of that Act so to deal with the Registrar.


(5) In this section, "Registrar" means a Registrar of the Court.

FAMILY LAW ACT 1975 - SECT 37C
Oath or affirmation of office

SECT

37C. A Principal Registrar, Registrar or Deputy Registrar shall, before proceeding to discharge the duties of the office, take, before the Chief Judge or another Judge of the Family Court, an oath or affirmation in the following form:
"I, , do swear that I will well and truly serve in the office of
(Principal Registrar, Registrar or Deputy Registrar, as the case may
be) of the Family Court of Australia and that I will do right to all
manner of people according to law, without fear or favour, affection
or illwill, So help me God." or
"I, , do solemnly and sincerely promise and declare that" (as
above, omitting the words "So help me God").

FAMILY LAW ACT 1975 - DIVISION 7
Division 7 - Practice and procedure

FAMILY LAW ACT 1975 - SECT 38
Practice and procedure

SECT

38. (1) Subject to this Act, the practice and procedure of the Court shall be in accordance with the regulations and the Rules of Court.


(2) In so far as the provisions applicable in accordance with subsection (1) are insufficient, the Rules of the High Court, as in force for the time being, apply, mutatis mutandis, so far as they are capable of application and subject to any directions of the Court or a Judge, to the practice and procedure of the Court.


(2A) This section does not apply in relation to proceedings that are transferred to the Court from the Federal Court of Australia.


(3) In this section, "practice and procedure" includes all matters with respect to which regulations or Rules of Court may be made under this Act.

FAMILY LAW ACT 1975 - PART IVA
PART IVA - MANAGEMENT OF THE COURT

FAMILY LAW ACT 1975 - DIVISION 1
Division 1 - Management responsibilities of the Chief Judge
and the Chief Executive Officer

FAMILY LAW ACT 1975 - SECT 38A
Management of administrative affairs of Court

SECT

38A. (1) The Chief Judge is responsible for managing the administrative affairs of the Court.


(2) For that purpose, the Chief Judge has power to do all things that are necessary or convenient to be done, including, on behalf of the Commonwealth:
(a) entering into contracts; and
(b) acquiring or disposing of personal property.


(3) The powers given to the Chief Judge by subsection (2) are in addition to any powers given to the Chief Judge by any other provision of this Act or by any other Act.


(4) Subsection (2) does not authorise the Chief Judge to:
(a) acquire any interest or right that would constitute an interest in land for the purposes of the Lands Acquisition Act 1989; or
(b) enter into a contract under which the Commonwealth is to pay or receive an amount exceeding $250,000 or, if a higher amount is prescribed, that higher amount, except with the approval of the - Attorney-General.

FAMILY LAW ACT 1975 - SECT 38B
Chief Executive Officer

SECT

38B. In the management of the administrative affairs of the Court, the Chief Judge is assisted by a Chief Executive Officer.

FAMILY LAW ACT 1975 - DIVISION 2
Division 2 - Appointment, powers etc. of Chief Executive Officer

FAMILY LAW ACT 1975 - SECT 38C
Appointment of Chief Executive Officer

SECT

38C. The Chief Executive Officer is appointed by the Governor-General on the nomination of the Chief Judge.

FAMILY LAW ACT 1975 - SECT 38D
Powers of Chief Executive Officer

SECT

38D. (1) The Chief Executive Officer has power to do all things necessary or convenient to be done for the purpose of assisting the Chief Judge under section 38B.


(2) In particular, the Chief Executive Officer may act on behalf of the Chief Judge in relation to the administrative affairs of the Court.


(3) The Chief Judge may give the Chief Executive Officer directions regarding the exercise of his or her powers.

FAMILY LAW ACT 1975 - SECT 38E
Remuneration of Chief Executive Officer

SECT

38E. (1) The Chief Executive Officer is to be paid the remuneration and allowances determined by the Remuneration Tribunal.


(2) If there is no determination in force, the Chief Executive Officer is to be paid such remuneration as is prescribed.


(3) The Chief Executive Officer is to be paid such other allowances as are prescribed.


(4) Remuneration and allowances payable to the Chief Executive Officer under this section are to be paid out of money appropriated by the Parliament for the purposes of the Court.

FAMILY LAW ACT 1975 - SECT 38F
Terms and conditions of appointment of Chief Executive Officer

SECT

38F. (1) The Chief Executive Officer holds office for the period (not longer than 5 years) specified in the instrument of his or her appointment, but is eligible for re-appointment.


(2) A person who has reached 65 cannot be appointed as Chief Executive Officer.


(3) A person cannot be appointed as Chief Executive Officer for a period extending beyond the date on which he or she will reach 65.


(4) The Chief Executive Officer holds office on such terms and conditions (if any) in respect of matters not provided for by this Act as are determined by the Chief Judge.

FAMILY LAW ACT 1975 - SECT 38G
Leave of absence

SECT

38G. (1) Subject to section 87E of the Public Service Act 1922, the Chief Executive Officer has such recreation leave entitlements as are determined by the Remuneration Tribunal.


(2) The Chief Judge may grant the Chief Executive Officer leave of absence, other than recreation leave, on such terms and conditions as to remuneration or otherwise as the Chief Judge, with the approval of the Attorney-General, determines.

FAMILY LAW ACT 1975 - SECT 38H
Resignation

SECT

38H. The Chief Executive Officer may resign by giving a signed notice of resignation to the Governor-General.

FAMILY LAW ACT 1975 - SECT 38J
Outside employment of Chief Executive Officer

SECT

38J. (1) Except with the consent of the Chief Judge, the Chief Executive Officer must not engage in paid employment outside the duties of his or her office.


(2) The reference in subsection (1) to paid employment does not include service in the Defence Force.

FAMILY LAW ACT 1975 - SECT 38K
Termination of appointment

SECT

38K. (1) The Governor-General may terminate the appointment of the Chief Executive Officer for misbehaviour or physical or mental incapacity.


(2) The Governor-General is required to terminate the appointment of the Chief Executive Officer if he or she:
(a) becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with creditors or makes an assignment of remuneration for their benefit; or
(b) is absent from duty, except on leave of absence, for 14 consecutive days or for 28 days in any 12 months; or
(c) engages in paid employment contrary to section 38J; or
(d) fails, without reasonable excuse, to comply with section 38L.


(3) The Governor-General may, with the consent of the Chief Executive Officer who is:
(a) an eligible employee for the purposes of the Superannuation Act 1976; or
(b) a member of the superannuation scheme established by deed under the Superannuation Act 1990;
retire the Chief Executive Officer from office on the ground of incapacity.


(4) In spite of anything contained in this section, if the Chief Executive Officer:
(a) is an eligible employee for the purposes of the Superannuation Act 1976; and
(b) has not reached his or her maximum retiring age within the meaning of that Act;
he or she is not capable of being retired from office on the ground of invalidity within the meaning of Part IVA of that Act unless the Commonwealth Superannuation Board of Trustees No. 2 has given a certificate under section 54C of that Act.


(5) In spite of anything contained in this section, if the Chief Executive Officer:
(a) is a member of the superannuation scheme established by deed under the Superannuation Act 1990; and
(b) is under 60 years of age;
he or she is not capable of being retired from office on the ground of invalidity within the meaning of that Act unless the Commonwealth Superannuation Board of Trustees No. 1 has given a certificate under section 13 of that Act.

FAMILY LAW ACT 1975 - SECT 38L
Disclosure of interests by Chief Executive Officer

SECT

38L. The Chief Executive Officer must give written notice to the Chief Judge of all direct or indirect pecuniary interests that the Chief Executive Officer has or acquires in any business or in any body corporate carrying on a business.

FAMILY LAW ACT 1975 - SECT 38M
Acting Chief Executive Officer

SECT

38M. (1) The Chief Judge may, in writing, appoint a person to act in the office of Chief Executive Officer:
(a) during a vacancy in the office (whether or not an appointment has previously been made to the office); or
(b) during any period, or during all periods, when the Chief Executive Officer is absent from duty or from Australia or is, for any other reason, unable to perform the duties of the office.


(2) A person appointed to act in the office of Chief Executive Officer during a vacancy may not continue to act in that office for more than 12 months.


(3) Anything done by or in relation to a person purporting to act under subsection (1) is not invalid on the ground that:
(a) the occasion for the appointment had not arisen; or
(b) there was a defect or irregularity in connection with the appointment; or
(c) the appointment had ceased to have effect; or
(d) the occasion for the person to act had not arisen or had ceased.

FAMILY LAW ACT 1975 - DIVISION 3
Division 3 - Other officers and staff of Registries

FAMILY LAW ACT 1975 - SECT 38N
Personnel other than the Chief Executive Officer

SECT

38N. (1) In addition to the Chief Executive Officer, there are the following officers of the Court:
(a) a Principal Registrar of the Court;
(b) such Registrars and Deputy Registrars of the Court as are necessary;
(c) a Principal Director of Court Counselling;
(d) such Directors of Court Counselling and other court counsellors as are necessary;
(da) a Principal Director of Mediation;
(e) the Marshal of the Court;
(f) such Deputy Marshals of the Court as are necessary.


(2) The officers of the Court, other than the Chief Executive Officer, have such duties, powers and functions as are given to them by this Act or by the Chief Judge.


(3) The officers of the Court are appointed by the Chief Executive Officer.


(4) The officers of the Court, other than the Chief Executive Officer and the Deputy Marshals, are to be persons appointed or employed under the Public Service Act 1922.


(5) The Deputy Marshals may be persons appointed or employed under the Public Service Act 1922.


(6) The Chief Executive Officer may, on behalf of the Chief Judge, arrange with the Secretary of a Department of the Australian Public Service, or with an authority of the Commonwealth, for the services of officers or employees of the Department or authority to be made available for the purposes of the Court.


(7) There are to be such staff of the Registries as are necessary.


(8) The staff of the Registries is to consist of persons appointed or employed under the Public Service Act 1922.

FAMILY LAW ACT 1975 - SECT 38P
Marshal

SECT

38P. (1) The Marshal of the Court is responsible for the service and execution of all process of the Court directed to the Marshal.


(2) The Marshal is also responsible for:
(a) dealing, on behalf of the Court, with the Australian Federal Police and the police forces of the States and Territories in relation to the service and execution of process of the Court directed to members of any of those police forces; and
(b) the security of the Court and the personal security of the Judges and officers of the Court; and
(c) taking, receiving and detaining all persons committed to his or her custody by the Court; and
(d) discharging such persons when so directed by the Court or otherwise required by law.


(3) A Deputy Marshal may, subject to any directions of the Marshal, exercise or perform any of the powers and functions of the Marshal.


(4) The Marshal or a Deputy Marshal may authorise persons to assist him or her in the exercise of any of his or her powers or the performance of any of his or her functions.

FAMILY LAW ACT 1975 - SECT 38Q
Powers of Chief Executive Officer regarding Court officers and Registry
staff

SECT

38Q. In relation to the branch of the Australian Public Service consisting of the officers of the Court (other than the Chief Executive Officer and any Deputy Marshals who are not persons appointed or employed under the Public Service Act 1922) and the staff of the Registries, the Chief Executive Officer has the same powers as if that Branch were a Department of the Australian Public Service and the Chief Executive Officer were the Secretary of that Department.

FAMILY LAW ACT 1975 - SECT 38R
Engagement of consultants etc.

SECT

38R. (1) The Chief Executive Officer may engage persons having suitable qualifications and experience as consultants to, or to perform services for, the Chief Executive Officer.


(2) An engagement under subsection (1) is to be made:
(a) on behalf of the Commonwealth; and
(b) by written agreement.

FAMILY LAW ACT 1975 - DIVISION 4
Division 4 - Miscellaneous administrative matters

FAMILY LAW ACT 1975 - SECT 38S
Annual report

SECT

38S. (1) As soon as practicable after the end of each financial year, the Chief Judge is to submit to the Attorney-General:
(a) a report of the management of the administrative affairs of the Court during the financial year; and
(b) financial statements in respect of that financial year.


(2) The financial statements are to be in a form approved by the Minister for Finance.


(3) Before submitting the financial statements to the Attorney-General, the Chief Judge must submit them to the Auditor-General who will report to the Attorney-General:
(a) whether, in the opinion of the Auditor-General, the statements are based on proper accounts and records; and
(b) whether the statements are in agreement with the accounts and records; and
(c) whether, in his or her opinion, the receipt, expenditure and investment of moneys, and the acquisition and disposal of assets, during the year have been in accordance with this Act; and
(d) as to such other matters arising out of the statements as the Auditor-General considers should be reported to the Attorney-General.


(4) The Attorney-General will cause a copy of the report and financial statements together with a copy of the report of the Auditor-General to be laid before each House of the Parliament within 15 sitting days of that House after their receipt by the Attorney-General.

FAMILY LAW ACT 1975 - SECT 38T
Proper accounts to be kept

SECT

38T. (1) The Chief Judge is to ensure that proper accounts and records of the transactions and affairs relating to the administration of the Court under section 38A are kept.


(2) The Chief Judge is to do all things necessary to ensure that:
(a) all payments out of money appropriated by the Parliament for the purposes of the Tribunal are correctly made and properly authorised; and
(b) adequate control is maintained over assets held by, or in the custody of, the Chief Judge on behalf of the Commonwealth and over the incurring of liabilities on behalf of the Commonwealth under this Part.

FAMILY LAW ACT 1975 - SECT 38U
Audit

SECT

38U. (1) The Auditor-General is, at least once in each financial year, to inspect and audit the accounts and records of financial transactions relating to the administration of the affairs of the Court under section 38A and the records relating to assets held by, or in the custody of, the Chief Judge on behalf of the Commonwealth and must immediately draw the attention of the Attorney-General to any irregularity disclosed by the inspection and audit that, in the opinion of the Auditor-General, is of sufficient importance to justify his or her so doing.


(2) The Auditor-General may, at his or her discretion, dispense with all or any part of the detailed inspection and audit of any accounts or records referred to in subsection (1).


(3) The Auditor-General is to report to the Attorney-General the results of the inspection and audit carried out under subsection (1).


(4) The Auditor-General or a person authorised by him or her is entitled at all reasonable times to full and free access to all accounts and records maintained under section 38T and relating directly or indirectly to the receipt or payment of moneys, or to the acquisition, receipt, custody or disposal of assets, by the Chief Judge on behalf of the Commonwealth.


(5) The Auditor-General or a person authorised by him or her may make copies of, or take extracts from, any such accounts and records.


(6) The Auditor-General or a person authorised by him or her may require any person to give him or her information in the person's possession or to which the person has access which the Auditor-General or authorised person considers necessary for the purposes of the functions of the Auditor-General under this Act, and the person must comply with the requirement.


(7) A person who, without reasonable excuse, contravenes subsection (6) is guilty of an offence and is punishable, on conviction, by a fine not exceeding $1,000.

FAMILY LAW ACT 1975 - SECT 38W
Delegation of administrative powers of Chief Judge

SECT

38W. The Chief Judge may, in writing, delegate all or any of his or her powers under section 38A to any one or more of the Judges.

FAMILY LAW ACT 1975 - SECT 38X
Proceedings arising out of administration of Court

SECT

38X. Any judicial or other proceeding relating to a matter arising out of the management of the administrative affairs of the Court under this Part, including any proceeding relating to anything done by the Chief Executive Officer under this Part, may be instituted by or against the Commonwealth, as the case requires.

FAMILY LAW ACT 1975 - PART V
PART V - JURISDICTION IN MATRIMONIAL CAUSES

FAMILY LAW ACT 1975 - SECT 39
Jurisdiction in matrimonial causes

SECT

39. (1) Subject to this Part, a matrimonial cause may be instituted under this Act:
(a) in the Family Court; or
(b) in the Supreme Court of a State or a Territory.


(2) Subject to this Part, a matrimonial cause (other than proceedings of a kind referred to in subparagraph (a) (ii) or paragraph (b) of the definition of "matrimonial cause" in subsection 4 (1)) may be instituted under this Act in a Court of summary jurisdiction of a State or Territory.


(3) Proceedings for a decree of dissolution of marriage may be instituted under this Act if, at the date on which the application for the decree is filed in a court, either party to the marriage:
(a) is an Australian citizen;
(b) is domiciled in Australia; or
(c) is ordinarily resident in Australia and has been so resident for 1 year immediately preceding that date.


(4) Proceedings of a kind referred to in the definition of "matrimonial cause" in subsection 4 (1), other than proceedings for a decree of dissolution of marriage or proceedings referred to in paragraph (f) of that definition, may be instituted under this Act if:
(a) in the case of proceedings between the parties to a marriage or proceedings of a kind referred to in paragraph (b) of that definition in relation to a marriage - either party to the marriage is an Australian citizen, is ordinarily resident in Australia, or is present in Australia, at the relevant date; and
(b) in any other case - any party to the proceedings is an Australian citizen, is ordinarily resident in Australia, or is present in Australia, at the relevant date.


(4A) In subsection (4), "relevant date", in relation to proceedings, means:
(a) if the application instituting the proceedings is filed in a court - the date on which the application is so filed; or
(b) in any other case - the date on which the application instituting the proceedings is made.


(5) Subject to this Part, the Supreme Court of each State is invested with federal jurisdiction, and jurisdiction is conferred on the Family Court and on the Supreme Court of each Territory, with respect to matters arising under this Act in respect of which:
(a) matrimonial causes are instituted under this Act;
(b) matrimonial causes are continued in accordance with section 9;
(d) proceedings are instituted under regulations made for the purposes of section 109, 110, 111, 111A or 111B or of paragraph 125 (1) (f) or (g) or under Rules of Court made for the purposes of paragraph 123 (1) (r); or
(e) proceedings are instituted under section 117A.


(6) Subject to this Part, each court of summary jurisdiction of each State is invested with federal jurisdiction, and jurisdiction is conferred on each court of summary jurisdiction of each Territory, with respect to matters arising under this Act in respect of which:
(a) matrimonial causes (other than proceedings of a kind referred to in subparagraph (a) (ii) or paragraph (b) of the definition of "matrimonial cause" in subsection 4 (1)) are instituted under this Act;
(b) matrimonial causes (other than proceedings of a kind referred to in subparagraph (a) (ii) or paragraph (b) of the definition of "matrimonial cause" in subsection 4 (1)) are continued in accordance with section 9;
(d) proceedings are instituted under regulations made for the purposes of section 109, 110, 111, 111A or 111B or of paragraph 125 (1) (f) or (g) or under Rules of Court made for the purposes of paragraph 123 (1) (r); or
(e) proceedings are instituted under section 117A.


(7) The Governor-General may, by Proclamation, fix a date as the date on and after which matrimonial causes, and other proceedings, referred to in subsection (6) may not be instituted in or transferred to a court of summary jurisdiction in a State or Territory specified in the Proclamation, and such a Proclamation may be expressed to apply only to proceedings of a specified class or specified classes and may be expressed to apply only to the institution of proceedings in, or the transfer of proceedings to, a court of summary jurisdiction in a part of a State or Territory specified in the Proclamation.


(7AA) A court of summary jurisdiction in a State or Territory shall not hear or determine proceedings under this Act instituted in or transferred to that court otherwise than in accordance with any Proclamation in force under subsection (7).


(7A) The Governor-General may, by Proclamation, declare that a Proclamation made under subsection (7) is revoked on and from a specified date and, on and after the specified date, this Act (including subsection (7)) has effect as if the revoked Proclamation had not been made, but without prejudice to the effect of the revoked Proclamation in respect of the jurisdiction of courts before the specified date.


(8) Jurisdiction with respect to a matter arising under this Act in respect of which a matrimonial cause is instituted under this Act is not conferred on a court of a Territory unless at least one of the parties to the proceedings is, at the date of the institution of the proceedings or the date of the transfer of the proceedings to the court of the Territory, ordinarily resident in the Territory.


(9) The jurisdiction conferred on or invested in a court by this section includes jurisdiction with respect to matters arising under any law of the Commonwealth in respect of which proceedings are transferred to that court in accordance with this Act.

FAMILY LAW ACT 1975 - SECT 40
Jurisdiction of Family Court

SECT

40. (1) The jurisdiction of the Family Court under this Act shall not be exercised except in accordance with Proclamations under this section.


(2) The Governor-General may, by Proclamation, fix a date as the date on and after which the jurisdiction of the Family Court under this Act may be exercised in respect of all proceedings, or a class of proceedings, in such States and Territories as are specified in the Proclamation.


(3) The Governor-General may, by Proclamation, fix a date as the date on and after which matrimonial causes, and other proceedings, referred to in subsection 39 (5) may not be instituted in or transferred to the Supreme Court of a State or Territory specified in the Proclamation, or may be so instituted or transferred only where specified conditions are complied with, and such a Proclamation may be expressed to apply only to proceedings of a specified class or specified classes and may be expressed to apply only to the institution of proceedings in, or the transfer of proceedings to, a particular Registry or Registries of a Supreme Court referred to in the Proclamation.


(4) The Supreme Court of a State or Territory shall not hear and determine proceedings under this Act instituted in or transferred to that Court otherwise than in accordance with any Proclamation in force under subsection (3), but nothing in this section invalidates a decree made by such a Supreme Court.


(4A) The Governor-General may, by Proclamation, declare that a Proclamation made under subsection (3) is revoked on and from a specified date and, on and after the specified date, this Act (including subsection (3)) has effect as if the revoked Proclamation had not been made, but without prejudice to the effect of the revoked Proclamation in respect of the jurisdiction of courts before the specified date.


(5) Proclamations under subsections (2) and (3) may be made from time to time.


(6) A party to proceedings instituted or continued under this Act that are at any time pending in the Supreme Court of a State or Territory, being proceedings that could, at the date of the application under this subsection, have been instituted in the Family Court, may apply to the Family Court for an order transferring the proceedings to the Family Court, and the Court may order accordingly.


(7) The Rules of Court may make provision in relation to matters arising in or in connexion with the transfer of proceedings in accordance with an order under subsection (6).


(8) This section does not apply in relation to proceedings under Part VII.

FAMILY LAW ACT 1975 - SECT 41
Establishment of State Family Courts

SECT

41. (1) As soon as practicable after the commencement of this Act, the Commonwealth Government shall take steps with a view to the making of agreements with the governments of the States providing for the creation of State courts to be known as Family Courts, being agreements under which the Commonwealth Government will provide the necessary funds for the establishment and administration of those courts (including the provision of counselling facilities for those courts).


(2) Where, whether before or after the commencement of this Act, a State has created a court known as a Family Court, the Governor-General may, by Proclamation, declare that, on and after a date specified in the Proclamation, this section applies to that court.


(3) Where, by virtue of a Proclamation under subsection (2), this section applies to a court, this Act has effect in relation to the institution of proceedings on or after the date fixed by the Proclamation, and in relation to proceedings so instituted and proceedings transferred to that court in accordance with this Act, as if references in sections 39, 46, 94 and 96 to the Supreme Court of a State were, in relation to the State in which the court referred to in the Proclamation is established, references to that court, and that court is invested with federal jurisdiction accordingly.


(3A) Notwithstanding the issue of a Proclamation under subsection (2) and the provisions of subsection (3):
(a) proceedings by way of cross-proceedings in relation to proceedings for principal relief that were pending in the Supreme Court of the State concerned immediately before the date fixed by the Proclamation; or
(b) proceedings of a kind referred to in any of paragraphs (c) to (f) of the definition of "matrimonial cause" in subsection 4 (1) that:
(i) relate to proceedings for principal relief that were pending in
the Supreme Court of the State concerned immediately before the date fixed by the Proclamation; or
(ii) are between parties between whom proceedings of a kind referred
to in any of paragraphs (c) to (f) of that definition were so pending immediately before that date;
may be instituted, heard and determined in that Supreme Court on or after the date fixed by the Proclamation.


(4) The Governor-General shall not make a Proclamation under this section in respect of a court unless the Governor-General is satisfied that:
(a) arrangements have been made under which Judges will not be appointed to that court except with the approval of the Attorney-General of the Commonwealth;
(b) Judges appointed to that court are by reason of training, experience and personality, suitable persons to deal with matters of family law and cannot hold office beyond the age of 70 years; and
(c) counselling facilities will be available to that court.


(4A) A party to proceedings instituted or continued under this Act that are at any time pending in the Supreme Court of a State or Territory, being proceedings that could, at the date of the application under this subsection, have been instituted in a Family Court of a State, may apply to a Family Court of a State for an order transferring the proceedings to that Court, and the Court may order accordingly.


(5) References in this Act to a court of summary jurisdiction shall not be read as including references to a court to which this section applies.

FAMILY LAW ACT 1975 - SECT 42
Law to be applied

SECT

42. (1) The jurisidiction conferred on a court, or with which a court is invested, by this Act shall be exercised in accordance with this Act.


(2) Where it would be in accordance with the common law rules of private international law to apply the laws of any country or place (including a State or Territory), the court shall, subject to the provisions of the Marriage Act 1961, apply the laws of that country or place.

FAMILY LAW ACT 1975 - SECT 43
Principles to be applied by courts

SECT

43. The Family Court shall, in the exercise of its jurisdiction under this Act, and any other court exercising jurisdiction under this Act shall, in the exercise of that jurisdiction, have regard to:
(a) the need to preserve and protect the institution of marriage as the union of a man and a woman to the exclusion of all others voluntarily entered into for life;
(b) the need to give the widest possible protection and assistance to the family as the natural and fundamental group unit of society, particularly while it is responsible for the care and education of dependent children;
(c) the need to protect the rights of children and to promote their welfare; and
(d) the means available for assisting parties to a marriage to consider reconciliation or the improvement of their relationship to each other and to their children.

FAMILY LAW ACT 1975 - SECT 44
Institution of proceedings

SECT

44. (1) Except as otherwise prescribed by the regulations or by the Rules of Court, proceedings under this Act shall be instituted by application.


(1A) Proceedings under this Act for a decree of dissolution of marriage or nullity of marriage may be instituted by either party to the marriage or jointly by both parties to the marriage.


(1B) An application for dissolution of a marriage shall not, without the leave of the court granted under subsection (1C), be filed within the period of 2 years after the date of the marriage unless there is filed with the application a certificate in the form prescribed by the Rules of Court:
(a) stating that the parties to the marriage have considered a reconciliation, with the assistance of a specified person or organization, being:
(i) a marriage counsellor or an approved marriage counselling
organization; or
(ii) another suitable person or organization nominated by the
Principal Director of Court Counselling of the Family Court or by an appropriate officer of a Family Court of a State; and
(b) signed by that person or on behalf of that organization, as the case may be.


(1C) Notwithstanding subsection (1B), if the court is satisfied that there are special circumstances by reason of which the hearing of an application for dissolution of a marriage should proceed notwithstanding that the parties have not considered a reconciliation with assistance of the kind referred to in subsection (1B), the court may:
(a) if the application has not been filed - give leave for the application to be filed; or
(b) if the application has been filed - at any time before or during the hearing of the application, declare that it is so satisfied;
and, where the court makes a declaration under paragraph (b), the application shall be deemed to have been duly filed and everything done pursuant to that application shall be as valid and effectual as if the court had, before the application was filed, given leave under paragraph (a) for the application to be filed.


(2) Notwithstanding subsections (3) and (3A), a respondent may, in an answer to an application, include an application for any decree or declaration under this Act.


(3) Where, whether before or after the commencement of section 21 of the Family Law Amendment Act 1983:
(a) a decree nisi of dissolution of marriage has become absolute; or
(b) a decree of nullity of marriage has been made;
proceedings of a kind referred to in paragraph (c) or (ca) of the definition of "matrimonial cause" in subsection 4 (1) (not being proceedings under section 78 or 79A or proceedings seeking the discharge, suspension, revival or variation of an order previously made in proceedings with respect to the maintenance of a party) shall not be instituted, except by leave of the court in which the proceedings are to be instituted, after the expiration of 12 months after:
(c) in a case referred to in paragraph (a) - the date on which the decree nisi became absolute; or
(d) in a case referred to in paragraph (b) - the date of the making of the decree.


(3A) Notwithstanding subsection (3), where, whether before or after the commencement of section 21 of the Family Law Amendment Act 1983:
(a) a decree nisi of dissolution of marriage has become absolute or a decree of nullity of marriage has been made; and
(b) the approval under section 87 of a maintenance agreement between the parties to the marriage has been revoked;
proceedings of a kind referred to in paragraph (c) or (ca) of the definition of "matrimonial cause" in subsection 4 (1) (not being proceedings under section 78 or 79A or proceedings seeking the discharge, suspension, revival or variation of an order previously made in proceedings with respect to the maintenance of a party) may be instituted:
(c) within the period of 12 months after:
(i) the date on which the decree nisi became absolute or the date of
the making of the decree of nullity, as the case may be; or
(ii) the date on which the approval of the maintenance agreement was
revoked;
whichever is the later; or
(d) with the leave of the court in which the proceedings are to be instituted;
and not otherwise.


(4) The court shall not grant leave under subsection (3) or (3A) unless it is satisfied:
(a) that hardship would be caused to a party to the relevant marriage or a child if leave were not granted; or
(b) in the case of proceedings in relation to the maintenance of a party to a marriage - that, at the end of the period within which the proceedings could have been instituted without the leave of the court, the circumstances of the applicant were such that the applicant would have been unable to support himself or herself without an income tested pension, allowance or benefit.

FAMILY LAW ACT 1975 - SECT 44A
Proceedings for decree of dissolution of marriage

SECT

44A. The regulations may provide that proceedings for a decree of dissolution of marriage may not be instituted in, or transferred to, a court of summary jurisdiction other than a prescribed court.

FAMILY LAW ACT 1975 - SECT 45
Stay and transfer of proceedings

SECT

45. (1) Where there are pending in a court proceedings that have been instituted under this Act or are being continued in accordance with any of the provisions of section 9 and it appears to that court that other proceedings that have been so instituted or are being so continued in relation to the same marriage or void marriage or the same matter are pending in another court, the first-mentioned court may stay the first-mentioned proceedings for such time as it considers appropriate or may dismiss the proceedings.


(2) Where there are pending in a court proceedings that have been instituted under this Act or are being continued in accordance with any of the provisions of section 9 and it appears to that court that it is in the interests of justice, or of convenience to the parties, that the proceedings be dealt with in another court having jurisdiction under this Act, the court may transfer the proceedings to the other court.

FAMILY LAW ACT 1975 - SECT 46
Transfer of proceedings from court of summary jurisdiction in certain cases

SECT

46. (1) Where proceedings are instituted in a court of summary jurisdiction in relation to property of a value exceeding $20,000 and the respondent, in answer to the application by which the proceedings are instituted, seeks an order different from that sought in the application:
(a) the court shall, before proceeding to hear and determine the proceedings, inform the parties that, unless each of them consents to the court hearing and determining the proceedings, the court is required to transfer the proceedings to the Family Court or to the Supreme Court of a State or Territory; and
(b) property of a value exceeding $20,000.


(1A) A reference in subsection (1) to proceedings with respect to property does not include a reference to proceedings with respect to arrears of maintenance.


(1AB) In determining the value of any property for the purposes of subsection (1), any mortgage, lien, charge or other security over the property is to be disregarded.


(1B) Where proceedings referred to in subsection (1) are instituted in a court of summary jurisdiction and the parties consent to the proceedings being heard and determined by that court, a party is not entitled, without the leave of the court, subsequently to object to the proceedings being so heard and determined, but, where the court subsequently gives leave to a party to object to the proceedings being so heard and determined, the court shall transfer the proceedings to the Family Court or to the Supreme Court of a State or Territory.


(2) Where proceedings referred to in subsection (1) are before it, the court may transfer the proceedings of its own motion, notwithstanding that the parties would be willing for the court to hear and determine the proceedings.


(2A) Where:
(a) proceedings for a decree of dissolution of a marriage have been instituted in or transferred to a court of summary jurisdiction; and
(b) the proceedings are defended;
the court is required to transfer the proceedings to the Family Court or the Supreme Court of a State or Territory.


(3) Before transferring proceedings under subsection (1) or (2A), the court may make such orders as it considers necessary pending the disposal of the proceedings by the court to which they are to be transferred.


(3A) Where proceedings instituted under this Act, or continued under section 9, are pending in a court of summary jurisdiction, the Family Court or the Supreme Court of a State or Territory may, on the application of a party or of its own motion, order that the proceedings be removed to the Family Court or the Supreme Court, as the case may be.


(4) Where proceedings are transferred or removed to a court in pursuance of this section, that court shall proceed as if the proceedings had been originally instituted in that court.


(5) Without prejudice to the duty of a court of summary jurisdiction to comply with this section, failure by such a court so to comply does not invalidate any order of the court in the proceedings.

FAMILY LAW ACT 1975 - SECT 47
Courts to act in aid of each other

SECT

47. All courts having jurisdiction under this Act shall severally act in aid of and be auxiliary to each other in all matters under this Act.

FAMILY LAW ACT 1975 - PART VI
PART VI - DISSOLUTION AND NULLITY OF MARRIAGE

FAMILY LAW ACT 1975 - SECT 48
Dissolution of marriage

SECT

48. (1) An application under this Act for a decree of dissolution of a marriage shall be based on the ground that the marriage has broken down irretrievably.


(2) Subject to subsection (3), in a proceeding instituted by such an application, the ground shall be held to have been established, and a decree of dissolution of the marriage shall be made, if, and only if, the court is satisfied that the parties separated and thereafter lived separately and apart for a continuous period of not less than 12 months immediately preceding the date of the filing of the application for dissolution of marriage.


(3) A decree of dissolution of marriage shall not be made if the court is satisfied that there is a reasonable likelihood of cohabitation being resumed.

FAMILY LAW ACT 1975 - SECT 49
Meaning of separation

SECT

49. (1) The parties to a marriage may be held to have separated notwithstanding that the cohabitation was brought to an end by the action or conduct of one only of the parties.


(2) The parties to a marriage may be held to have separated and to have lived separately and apart notwithstanding that they have continued to reside in the same residence or that either party has rendered some household services to the other.

FAMILY LAW ACT 1975 - SECT 50
Effect of resumption of cohabitation

SECT

50. (1) For the purposes of proceedings for a decree of dissolution of marriage, where, after the parties to the marriage separated, they resumed cohabitation on one occasion but, within a period of 3 months after the resumption of cohabitation, they again separated and thereafter lived separately and apart up to the date of the filing of the application, the periods of living separately and apart before and after the period of cohabitation may be aggregated as if they were one continuous period, but the period of cohabitation shall not be deemed to be part of the period of living separately and apart.


(2) For the purposes of subsection (1), a period of cohabitation shall be deemed to have continued during any interruption of the cohabitation that, in the opinion of the court, was not substantial.

FAMILY LAW ACT 1975 - SECT 51
Nullity of marriage

SECT

51. An application under this Act for a decree of nullity of marriage shall be based on the ground that the marriage is void.

FAMILY LAW ACT 1975 - SECT 52
Court not to make decree of dissolution where application for decree of
nullity before it

SECT

52. Where both an application for a decree of nullity of a marriage and an application for a decree of dissolution of that marriage are before a court, the court shall not make a decree of dissolution of the marriage unless it has dismissed the application for a decree of nullity of the marriage.

FAMILY LAW ACT 1975 - SECT 53
Circumstances occurring before commencement of Act or outside Australia

SECT

53. A decree may be made, or refused, under this Part by reason of facts and circumstances notwithstanding that those facts and circumstances, or some of them, took place before the commencement of this Act or outside Australia.

FAMILY LAW ACT 1975 - SECT 54
Decree nisi in first instance

SECT

54. A decree of dissolution of marriage under this Act shall, in the first instance, be a decree nisi.

FAMILY LAW ACT 1975 - SECT 55
When decree becomes absolute

SECT

55. (1) Subject to this section, a decree nisi made under this Act becomes absolute by force of this section at the expiration of a period of 1 month from the making of the decree or from the making of an order under section 55A, whichever is the later.


(2) Where a decree nisi has been made in any proceedings, the court of first instance (whether or not it made the decree), or a court in which an appeal has been instituted, may, either before or after it has disposed of the proceedings or appeal, and whether or not a previous order has been made under this subsection:
(a) having regard to the possibility of an appeal or further appeal, make an order extending the period at the expiration of which the decree nisi will become absolute; or
(b) if it is satisfied that there are special circumstances that justify its so doing, make an order reducing the period at the expiration of which the decree nisi will become absolute.


(3) Where an appeal is instituted (whether or not it is the first appeal) before a decree nisi has become absolute, then, notwithstanding any order in force under subsection (2) at the time of the institution of the appeal but subject to any such order made after the institution of the appeal, the decree nisi, unless reversed or rescinded, becomes absolute by force of this section:
(a) at the expiration of a period of 1 month from the day on which the appeal is determined or discontinued; or
(b) on the day on which the decree would have become absolute under subsection (1) if no appeal had been instituted;
whichever is the later.


(4) A decree nisi shall not become absolute by force of this section where either of the parties to the marriage has died.


(5) In this section, "appeal", in relation to a decree nisi, means:
(a) an appeal or application for leave to appeal against, or an intervention or application for a re-hearing relating to:
(i) the decree nisi; or
(ii) an order under section 55A in relation to the proceedings in
which the decree nisi was made; or
(b) an application under section 57 or 58 for rescission of the decree or an appeal or application for leave to appeal arising out of such an application.


(6) For the purposes of this section, where an application for leave to appeal, or for a re-hearing, is granted, the application shall be deemed not to have been determined or discontinued so long as:
(a) the leave granted remains capable of being exercised; or
(b) an appeal or re-hearing instituted in pursuance of the leave is pending.

FAMILY LAW ACT 1975 - SECT 55A
Decree absolute where children

SECT

55A. (1) A decree nisi of dissolution of marriage does not become absolute unless the court has, by order, declared that it is satisfied:
(a) that there are no children of the marriage who have not attained
18 years of age; or
(b) that the only children of the marriage who have not attained 18
years of age are the children specified in the order and that:
(i) proper arrangements in all the circumstances have been made for
the welfare of those children; or
(ii) there are circumstances by reason of which the decree nisi
should become absolute even though the court is not satisfied that such arrangements have been made.


(2) Where, in proceedings for a decree of dissolution of marriage, the court doubts whether the arrangements made for the welfare of a child of the marriage are proper in all the circumstances, the court may adjourn the proceedings until a report has been obtained from a court counsellor or welfare officer regarding those arrangements.


(3) For the purposes of this section, a child (including an ex-nuptial child of either the husband or the wife, a child adopted by either of them or a child who is not a child of either of them) is a child of the marriage if the child was treated by the husband and wife as a child of their family at the relevant time.


(4) For the purposes of subsection (3), the relevant time is the time immediately before the time when the husband and wife separated or, if they have separated on more than one occasion, the time immediately before the time when they last separated before the institution of the proceedings in which the decree nisi of dissolution of marriage was made.

FAMILY LAW ACT 1975 - SECT 56
Certificate as to decree absolute

SECT

56. (1) Where a decree nisi becomes absolute, the Registrar of the court by which the decree was made shall prepare and file a memorandum of the fact and of the date upon which the decree became absolute.


(2) Where a decree nisi has become absolute, any person is entitled, on application to the Registrar of the court by which the decree was made, to receive a certificate signed by the Registrar that the decree nisi has become absolute.


(3) A certificate given under subsection (2) is, in all courts (whether exercising federal jurisdiction or not) and for all purposes, evidence of the matters specified in the certificate.


(4) The regulations may provide for the establishment of central records of decrees made under this Act and for the notification of decrees to the appropriate marriage registering authorities of the States and Territories.

FAMILY LAW ACT 1975 - SECT 57
Rescission of decree nisi where parties reconciled

SECT

57. Notwithstanding anything contained in this Part, where a decree nisi has been made in proceedings for a decree of dissolution of marriage, the court may, at any time before the decree becomes absolute, upon the application of the parties to the marriage, rescind the decree on the ground that the parties have become reconciled.

FAMILY LAW ACT 1975 - SECT 58
Rescission of decree nisi on ground of miscarriage of justice

SECT

58. Where a decree nisi has been made but has not become absolute, the court by which the decree was made may, on the application of a party to the proceedings, or on the intervention of the Attorney-General, if it is satisfied that there has been a miscarriage of justice by reason of fraud, perjury, suppression of evidence or any other circumstance, rescind the decree and, if it thinks fit, order that the proceedings be re-heard.

FAMILY LAW ACT 1975 - SECT 59
Re-marriage

SECT

59. Where a decree of dissolution of marriage under this Act has become absolute, a party to the marriage may marry again.

FAMILY LAW ACT 1975 - PART VII
PART VII - CHILDREN

FAMILY LAW ACT 1975 - DIVISION 1
Division 1 - General

FAMILY LAW ACT 1975 - SECT 60
Interpretation

SECT

60. In this Part, unless the contrary intention appears:
"abuse", in relation to a child, means:
(a) an assault, including a sexual assault, of the child which is an offence under a law, written or unwritten, in force in the State or Territory in which the act constituting the assault occurs; or
(b) a person involving the child in a sexual activity with that person or another person in which the child is used, directly or indirectly, as a sexual object by the first-mentioned person or the other person, and where there is unequal power in the relationship between the child and the first-mentioned person;
"adopted", in relation to a child, means adopted under the law of any place (whether in or out of Australia) relating to the adoption of children;
"artificial conception procedure" includes:
(a) artificial insemination; and
(b) the implantation of an embryo in the body of a woman;
"birth" includes stillbirth;
"child" includes an adopted child and a stillborn child;
"child agreement" means an agreement:
(a) that is in writing;
(b) that is made (whether before or after the commencement of this section and whether within or outside Australia) between the parents of a child (whether or not there are other parties to the agreement); and
(c) that makes provision in relation to either or both of the following:
(i) child welfare matters in relation to the child;
(ii) the maintenance of the child;
(whether or not it also makes provision in relation to other matters);
and includes such an agreement that varies an earlier child agreement;
"childbirth maintenance period", in relation to the birth of a child, means the period:
(a) commencing:
(i) in a case where the mother:
(A) works in paid employment;
(B) is advised by a medical practitioner to stop working for
medical reasons related to her pregnancy; and
(C) stops working after being so advised and more than 2 months
before the child is due to be born; on the day on which she stops working;
(ii) in any other case - 2 months before the child is due to be born;
and
(b) ending 3 months after the child's birth;
"child welfare law" means a law of a State or Territory prescribed, or included in a class of laws of a State or Territory prescribed, for the purposes of this definition;
"child welfare matters" means matters in relation to the custody, guardianship or welfare of, or access to, a child, but does not include matters in relation to the maintenance of a child;
"child welfare officer", in relation to a State or Territory, means:
(a) a person who, because he or she holds, or performs the duties of, a prescribed office of the State or Territory, has responsibilities in relation to a child welfare law of the State or Territory; or
(b) a person authorised in writing by such a person for the purposes of this Part;
"de facto relationship" means the relationship between a man and a woman who live with each other as spouses on a genuine domestic basis although not legally married to each other;
"education" includes apprenticeship or vocational training;
"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:
(a) this Act or another law of the Commonwealth; or
(b) the law of a State or Territory;
"medical expenses" includes medical, surgical, dental, diagnostic, hospital, nursing, pharmaceutical and physiotherapy expenses;
"medical practitioner" means a person registered or licensed as a medical practitioner under a law of a State or Territory that provides for the registration or licensing of medical practitioners;
"member of the Court personnel" means:
(a) a court counsellor; or
(aa) an approved mediator; or
(ab) an approved arbitrator; or
(b) a welfare officer; or
(c) the Registrar or a Deputy Registrar of a Registry of the Family Court of Australia; or
(d) the Registrar or a Deputy Registrar of the Family Court of Western Australia;
"overseas custody order" means an order made by a court of a prescribed overseas jurisdiction that is:
(a) an order the effect of which is to grant to a person:
(i) the right to custody of a child who has not attained 18 years of
age; or
(ii) a right of access to a child who has not attained 18 years of
age;
whether or not the order also has the effect of granting to the person, or to another person, other rights and responsibilities; or
(b) an order varying or discharging an order of the kind referred to in paragraph (a), including an order of that kind made under this Act;
"parent", in relation to a child who has been adopted, means an adoptive parent of the child;
"parentage testing procedure" means a medical procedure prescribed, or included in a class of medical procedures prescribed, for the purposes of this definition;
"prescribed adopting parent", in relation to a child, means:
(a) a parent of the child; or
(b) the spouse of, or a person in a de facto relationship with, a parent of the child; or
(c) a parent of the child and either his or her spouse or a person in a de facto relationship with the parent;
"prescribed child welfare authority", in relation to abuse of a child, means:
(a) where the child is the subject of proceedings under this Part in a State or Territory - an officer of the State or Territory (being an officer responsible for the administration of the child welfare laws of the State or Territory) or other prescribed person; or
(b) where the child is not the subject of proceedings under this Part - an officer of the State or Territory in which the child is located or is believed to be located (being an officer responsible for the administration of the child welfare laws of the State or Territory) or other prescribed person;
"professional ethics" includes:
(a) rules of professional conduct; and
(b) rules of professional etiquette; and
(c) a code of ethics; and
(d) standards of professional conduct;
"step-parent", in relation to a child, means a person who:
(a) is not a parent of the child;
(b) is or has been married to a parent of the child; and
(c) treats, or at any time during the marriage treated, the child as a member of the family formed with the parent.

FAMILY LAW ACT 1975 - SECT 60A
Certain children are children of marriage etc.

SECT

60A. (1) A reference in this Act to a child of a marriage includes, subject to subsection (3), a reference to each of the following children:
(a) a child adopted since the marriage by the husband and wife or by either of them with the consent of the other;
(b) a child of the husband and wife born before the marriage;
(c) a child who is, under subsection 60B (1), the child of the husband and wife.


(2) A reference in this Act to a child of a marriage includes a reference to a child of:
(a) a marriage that has been dissolved or annulled, in Australia or elsewhere; or
(b) a marriage that has been terminated by the death of one party to the marriage.


(3) A child of a marriage who is adopted by a person who, before the adoption, is not a prescribed adopting parent ceases to be a child of that marriage for the purposes of this Act.


(4) The following provisions apply in relation to a child of a marriage who is adopted by a prescribed adopting parent:
(a) if a court granted leave under section 60AA for the adoption proceedings to be commenced - the child ceases to be a child of the marriage for the purposes of this Act;
(b) in any other case - the child continues to be a child of the marriage for the purposes of this Act.

FAMILY LAW ACT 1975 - SECT 60AA
Family Court may permit adoption by prescribed adopting parent

SECT

60AA. The Family Court, the Supreme Court of the Northern Territory or the Family Court of a State may grant leave for proceedings to be commenced for the adoption of a child by a prescribed adopting parent.

FAMILY LAW ACT 1975 - SECT 60B
Children born as a result of artificial conception procedures

SECT

60B. (1) Where:
(a) a child is born to a woman as a result of the carrying out of an
artificial conception procedure while the woman was married to a man; and
(b) either of the following paragraphs apply:
(i) the procedure was carried out with their consent;
(ii) under a prescribed law of the Commonwealth or of a State or
Territory, the child is a child of the woman and of the man;
then, whether or not the child is biologically a child of the woman and of the man, the child is their child.


(2) Where:
(a) a child is born to a woman as a result of the carrying out of an artificial conception procedure; and
(b) under a prescribed law of the Commonwealth or of a State or Territory, the child is a child of the woman;
then, whether or not the child is biologically a child of the woman, the child is her child.


(3) Where:
(a) a child is born to a woman as a result of the carrying out of an artificial conception procedure; and
(b) under a prescribed law of the Commonwealth or of a State or Territory, the child is a child of a man;
then, whether or not the child is biologically a child of the man, the child is his child.


(4) Where a person lives with another person as the husband or wife of the first-mentioned person on a bona fide domestic basis although not legally married to that person, subsection (1) applies in relation to them as if:
(a) they were married to each other; and
(b) neither person were married to any other person.


(5) For the purposes of subsection (1), a person shall be presumed to have consented to an artificial conception procedure being carried out unless it is proved, on the balance of probabilities, that the person did not consent.

FAMILY LAW ACT 1975 - SECT 60C
Application of Part in relation to void marriages

SECT

60C. This Part applies in relation to a purported marriage that is void as if:
(a) the purported marriage were a marriage; and
(b) the parties to the purported marriage were husband and wife.

FAMILY LAW ACT 1975 - DIVISION 2
Division 2 - Extension, application and additional
operation of Part

FAMILY LAW ACT 1975 - SECT 60E
Extension and application of Part

SECT

60E. (1) Subject to subsections (4), (5) and (7), this Part extends to New South Wales, Victoria, South Australia and Tasmania.


(2) If:
(a) the Parliament of Queensland or Western Australia refers to the Parliament of the Commonwealth the following matters or matters that include, or are included in, the following matters:
(i) the maintenance of children and the payment of expenses in
relation to children or child bearing;
(ii) the custody and guardianship of, and access to, children; or
(b) Queensland or Western Australia adopts this Part;
then, subject to subsections (4), (5) and (7), this Part also extends to Queensland or Western Australia, as the case may be.


(3) This Part applies in and in relation to the Territories.


(4) This Part extends to a State by virtue of subsection (1) or (2) only for so long as there is in force:
(a) an Act of the Parliament of the State by which there is referred to the Parliament of the Commonwealth:
(i) the matters referred to in subparagraphs (2) (a) (i) and (ii); or
(ii) matters that include, or are included in, those matters; or
(b) a law of the State adopting this Part.


(5) This Part extends to a State at any time by virtue of subsection (1) or paragraph (2) (a) only in so far as it makes provision with respect to:
(a) the matters that are at that time referred to the Parliament of the Commonwealth by the Parliament of the State; or
(b) matters incidental to the execution of any power vested by the Constitution in the Parliament of the Commonwealth in relation to those matters.


(6) The Governor-General, by Proclamation, may declare that the amendments of this Part made by the Law and Justice Legislation Amendment Act 1992 extend to a specified State.


(7) Despite anything else contained in this section, the amendments of this Part made by that Act do not extend to a State unless there is in force such a Proclamation in relation to that State.

FAMILY LAW ACT 1975 - SECT 60F
Additional application of Part

SECT

60F. (1) Without prejudice to its effect apart from this section, this Part also has effect as provided by this section.


(2) By virtue of this subsection, Divisions 3 to 6 (inclusive) (other than section 66G) and Divisions 10 and 13 have the effect that they would have if:
(a) each reference to a child were, by express provision, confined to a child of a marriage; and
(b) each reference to the parents of the child were, by express provision, confined to the parties to the marriage;
and have that effect only in so far as they make provision with respect to the rights and duties of the parties to the marriage in relation to the child, including, without limiting the generality of the foregoing, provision with respect to:
(c) the rights and duties of those parties in relation to:
(i) the maintenance of the child and the payment of expenses in
relation to the child; or
(ii) the custody, guardianship and welfare of, and access to, the
child; and
(d) other rights and duties in relation to the child:
(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 jurisdiction, where the dissolution, annulment or legal separation is recognised as valid in Australia under section 104.


(3) By virtue of this subsection, Divisions 1, 7, 8, 11, 12 and 14, and this Division, have effect according to their tenor.

FAMILY LAW ACT 1975 - SECT 60G
Additional jurisdiction of courts

SECT

60G. In addition to the jurisdiction that, apart from this section, is invested in or conferred on a court under this Part, the court is invested with jurisdiction or jurisdiction is conferred on the court, as the case requires, in matters arising between residents of different States, being matters with respect to:
(a) the maintenance of children and the payment of expenses in relation to children or child bearing; or
(b) the custody, guardianship and welfare of, and access to,
children.

FAMILY LAW ACT 1975 - SECT 60H
Child welfare laws not affected

SECT

60H. (1) A court having jurisdiction under this Act must not make an order under this Act (other than an order under Division 6) in relation to a child who is under the guardianship, or in the custody or care and control, of a person under a child welfare law unless:
(a) the order is expressed to come into effect when the child ceases to be under such guardianship, or in such custody or care and control, as the case may be; or
(b) the order is made in proceedings relating to the child in respect of the institution or continuation of which the written consent of a child welfare officer of the relevant State or Territory has been obtained.


(2) Nothing in this Act, and no decree made under this Act, affects:
(a) the jurisdiction of a court, or the power of an authority, under a child welfare law to make an order, or to take any other action, by which a child is placed under the guaradianship, or in the custody or care and control, of a person;
(b) any such order made or action taken; and
(e) the operation in relation to the child of a child welfare law.


(3) Where it appears to a court having jurisdiction under this Act that another court or an authority proposes to make an order, or to take any other action, of the kind referred to in paragraph (2) (a) in relation to a child, the first-mentioned court may adjourn any proceedings before it that relate to the child.

FAMILY LAW ACT 1975 - DIVISION 3
Division 3 - Counselling

FAMILY LAW ACT 1975 - SECT 61
Notice seeking court counselling

SECT

61. (1) A party to proceedings under this Part, or a person representing a child under an order made under section 65, may file in the Family Court or a Family Court of a State a notice stating that he or she wishes to have the assistance of the counselling facilities of that Court.


(2) On the filing of the notice, the Principal Director of Court Counselling of the Family Court or an appropriate officer of the Family Court of the State, as the case may be, shall arrange for parties to the proceedings (with or without the child) to be interviewed by a court counsellor or welfare officer:
(a) to discuss the welfare of the child; and
(b) if there are differences between the parties in relation to matters affecting the welfare of the child, to endeavour to resolve those differences.

FAMILY LAW ACT 1975 - SECT 61A
Court counselling facilities to be made available

SECT

61A. (1) A parent of a child, a child or a party to proceedings under this Part may seek the assistance of the counselling facilities of the Family Court or a Family Court of a State.


(2) The Principal Director of Court Counselling of the Family Court or an appropriate officer of the Family Court of the State, as the case may be, shall, as far as practicable, make those facilities available.

FAMILY LAW ACT 1975 - SECT 61B
Conciliation counselling

SECT

61B. The Family Court and any other court exercising jurisdiction under this Part, and any legal practitioner acting in proceedings under this Part or consulted by a person who is considering instituting proceedings under this Part, shall have regard to the need to direct the attention of parties to such proceedings, and persons considering such proceedings:
(a) to the facilities provided by courts exercising jurisdiction under this Part for counselling to assist children and parties to adjust to the consequences of orders under this Part; and
(b) to the procedures available for the resolution by conciliation of matters arising in the proceedings.

FAMILY LAW ACT 1975 - SECT 61C
Provision of certain documents

SECT

61C. The Rules of Court shall provide for the furnishing to a person proposing to institute proceedings under this Part in relation to a child, and in appropriate cases to any other person who may be interested in the welfare of the child, of documents setting out:
(a) the legal and possible social effects of the proposed proceedings;
and
(b) the counselling and welfare facilities available within the Family Court and elsewhere.

FAMILY LAW ACT 1975 - SECT 62
Conferences with court counsellors or welfare officers

SECT

62. (1) Where, in any proceedings under this Act, the welfare of a child who has not attained the age of 18 years is relevant, the court may, at any stage of the proceedings, of its own motion, upon the request of a party to the proceedings or upon the request of a person who is representing the child pursuant to an order under section 65, make an order directing the parties to the proceedings to attend a conference with a court counsellor or welfare officer to discuss the welfare of the child and, if there are any differences between the parties as to matters affecting the welfare of the child, to endeavour to resolve those differences.


(2) Where the court makes an order under subsection (1), it may fix a place and time for the conference to take place or direct that the conference shall take place at a place and time to be fixed by a court counsellor or welfare officer.


(3) If a party fails to attend a conference in respect of which an order has been made under subsection (1), it is the duty of the court counsellor or welfare officer to report the failure to the court.


(4) Where, under subsection (3), a court counsellor or welfare officer reports to the court that a party to proceedings has failed to attend a conference, the court may, of its own motion, upon the request of a party to the proceedings or upon the request of a person who is representing the child pursuant to an order under section 65, give such further directions in relation to the conference as the court considers appropriate.


(5) Evidence of anything said or of any admission made at a conference that takes place in pursuance of an order made under this section is not admissible in any court (whether exercising federal jurisdiction or not) or in proceedings before a person authorized by a law of the Commonwealth or of a State or Territory, or by consent of parties, to hear evidence.

FAMILY LAW ACT 1975 - SECT 62A
Reports by court counsellors and welfare officers

SECT

62A. (1) Where, in any proceedings under this Act, the welfare of a child who has not attained the age of 18 years is relevant, the court may direct a court counsellor or welfare officer to furnish to the court a report on such matters relevant to the proceedings as the court thinks desirable and may, if it thinks necessary, adjourn the proceedings until the report has been furnished to the court.


(2) A court counsellor or welfare officer may include in a report prepared pursuant to a direction under subsection (1), in addition to the matters required to be included in the report, any other matters that relate to the welfare of the child.


(3) For the purpose of the preparation of a report by a court counsellor or welfare officer pursuant to a direction under subsection (1), the court may make such orders, or give such further directions, as it considers appropriate in relation to the preparation of the report including, if the court considers it appropriate, orders or directions in relation to the attendance upon the court counsellor or welfare officer of a party to the proceedings or of the child.


(4) If a person fails to comply with any order or direction under subsection (3), it is the duty of the court counsellor or welfare officer to report the failure to the court.


(5) Where, under subsection (4), a court counsellor or welfare officer reports to the court a failure of the kind referred to in that subsection, the court may give such further directions in relation to the preparation of the report as the court considers appropriate.


(6) A report furnished to the court in accordance with a direction given under this section may be received in evidence in any proceedings under this Act.

FAMILY LAW ACT 1975 - DIVISION 4
Division 4 - Jurisdiction of Courts

FAMILY LAW ACT 1975 - SECT 63
Jurisdiction of courts under Part

SECT

63. (1) Jurisdiction is conferred on the Family Court and, subject to subsection (7), the Supreme Court of the Northern Territory, and each Family Court of a State is invested with federal jurisdiction in relation to matters arising under this Part (including proceedings under sections 70C and 70D).


(2) Subject to subsections (5) and (7), each court of summary jurisdiction of each State is invested with federal jurisdiction, and jurisdiction is conferred on each court of summary jurisdiction of each Territory, in relation to matters arising under this Part (including proceedings under sections 70C and 70D but not including proceedings for leave under section 60AA).


(3) The Governor-General may, by Proclamation, fix a day as the day on and after which proceedings in relation to matters arising under this Part (including proceedings under sections 70C and 70D) may not be instituted in, or transferred to, a court of summary jurisdiction in a specified State or Territory.


(4) A Proclamation under subsection (3) may be expressed to apply only in relation to:
(a) proceedings of specified classes; or
(b) the institution of proceedings in, or the transfer of proceedings to, a court of summary jurisdiction in a specified part of a State or Territory.


(5) A court of summary jurisdiction shall not hear or determine proceedings under this Part otherwise than in accordance with any Proclamation in force under subsection (3).


(6) The Governor-General may, by Proclamation, declare that a Proclamation made under subsection (3) is revoked on and from a specified day and, on and from the specified day, this Part (including subsection (3)) has effect as if the revoked Proclamation had not been made, but without prejudice to the effect of the revoked Proclamation in relation to the jurisdiction of courts before the specified day.


(7) Jurisdiction in relation to a matter arising under this Part in relation to which a proceeding is instituted under this Part is not conferred on a court of a Territory unless at least one of the parties to the proceedings is, on the day of the institution of the proceedings or the day of the transfer of the proceedings to that court, ordinarily resident in the Territory.


(8) The jurisdiction conferred on or invested in a court by this section includes jurisdiction in relation to matters arising under any law of the Commonwealth in relation to which proceedings are transferred to that court under this Act.


(9) The jurisdiction conferred on or invested in a court by this section is in addition to any jurisdiction conferred on or invested in the court apart from this section.

FAMILY LAW ACT 1975 - SECT 63A
Certain proceedings to be instituted only under Part

SECT

63A. (1) Proceedings that may be instituted under this Part shall not, after the commencement of this section, be instituted otherwise than under this Part.


(2) Subsection (1) does not apply in relation to the institution of proceedings under the Child Support (Assessment) Act 1989.

FAMILY LAW ACT 1975 - SECT 63B
Child to be present in Australia etc.

SECT

63B. (1) Proceedings may be instituted under this Act in relation to a child only if:
(a) the child is present in Australia on the relevant day;
(b) the child is an Australian citizen, or is ordinarily resident in Australia, on the relevant day;
(c) a parent of the child is an Australian citizen, is ordinarily resident in Australia, or is present in Australia, on the relevant day;
(d) a party to the proceedings is an Australian citizen, is ordinarily resident in Australia, or is present in Australia, on the relevant day; or
(e) it would be in accordance with a treaty or arrangement in force between Australia and an overseas jurisdiction, or the common law rules of private international law, for the court to exercise jurisdiction in the proceedings.


(2) In subsection (1), "relevant day", in relation to proceedings, means:
(a) if the application instituting the proceedings is filed in a court, the day on which the application is filed; or
(b) in any other case - the day on which the application instituting the proceedings is made.

FAMILY LAW ACT 1975 - SECT 63C
Persons who may institute proceedings under Act

SECT

63C. (1) Proceedings under this Act in relation to a child may be instituted by:
(a) either or both of the parents;
(b) the child; or
(c) any other person who has an interest in the welfare of the child.


(2) Proceedings under Division 9 in relation to the mother of a child may be instituted by the mother.

FAMILY LAW ACT 1975 - SECT 63D
Transfer of proceedings from courts of summary jurisdiction in certain
cases

SECT

63D. (1) Where:
(a) proceedings in relation to the custody or guardianship of, or access to, a child are instituted in a court of summary jurisdiction; and
(b) the respondent, in answer to the application by which the proceedings were instituted, seeks an order different from that sought in the application;
the court shall, before proceeding to hear and determine the proceedings, inform the parties that, unless each of them consents to the court hearing and determining the proceedings, the court is required to transfer the proceedings to the Family Court, a Family Court of a State or the Supreme Court of the Northern Territory.


(2) If the parties do not consent to the court hearing and determining the proceedings, the court shall transfer the proceedings accordingly.


(3) Before transferring the proceedings, the court may make such orders (including an order under subsection 62 (1)) as it considers necessary pending the disposal of the proceedings by the court to which they are transferred.


(4) If the parties consent to the court hearing and determining the proceedings:
(a) a party is not entitled, without the leave of the court, subsequently to object to the proceedings being heard and determined by the court; and
(b) the court may nevertheless, of its own motion, transfer the proceedings to the Family Court, a Family Court of a State or the Supreme Court of the Northern Territory.


(5) If the court subsequently gives leave to a party to object to the proceedings being heard and determined by the court, the court shall transfer the proceedings to the Family Court, a Family Court of a State or the Supreme Court of the Northern Territory.


(6) Where proceedings are transferred to a court under this section, the court shall proceed as if the proceedings had been instituted in the court.


(7) Failure by a court of summary jurisdiction to comply with this section in relation to proceedings does not invalidate any order made by the court in the proceedings.


(8) Subsection (7) does not affect the duty of a court of summary jurisdiction to comply with this section.

FAMILY LAW ACT 1975 - DIVISION 5
Division 5 - Custody and guardianship of children

FAMILY LAW ACT 1975 - SECT 63E
Custody and guardianship

SECT

63E. (1) A person who is the guardian of a child under this Act has responsibility for the long-term welfare of the child and has, in relation to the child, all the powers, rights and duties that are, apart from this Act, vested by law or custom in the guardian of a child, other than:
(a) the right to have the daily care and control of the child; and
(b) the right and responsibility to make decisions concerning the daily care and control of the child.


(2) A person who has or is granted custody of a child under this Act has:
(a) the right to have the daily care and control of the child; and
(b) the right and responsibility to make decisions concerning the daily care and control of the child.


(3) The operation of subsection (1) or (2) in relation to a child may be varied by an order made in relation to the child by a court exercising jurisdiction under this Part.


(4) An order made under this Act or the repealed Act:
(a) that was in force immediately before the commencement of section 26 of the Family Law Amendment Act 1983; and
(b) that granted to a person the care and control of a child;
has effect for the purposes of this Act as if it were an order granting to the person the custody of the child.


(5) An order made under this Act or the repealed Act:
(a) that was in force immediately before the commencement of section 26 of the Family Law Amendment Act 1983; and
(b) that granted to a person the custody of a child;
has effect for the purposes of this Act:
(c) in a case where, by that order or another order in force immediately before the commencement of that section, the care and control of the child had been granted to another person - as if the first-mentioned order were an order granting to the first-mentioned person the guardianship of the child; or
(d) in any other case - as if the first-mentioned order were an order granting to the first-mentioned person the guardianship and the custody of the child.

FAMILY LAW ACT 1975 - SECT 63F
Rights of custody and guardianship of children

SECT

63F. (1) Subject to any order of a court for the time being in force (whether or not made under this Act and whether made before or after the commencement of this section), each of the parents of a child who has not attained 18 years of age is a guardian of the child, and the parents have the joint custody of the child.


(2) An order shall not be made under this Part in relation to the custody or guardianship of, or access to, a child who has attained 18 years of age or is or has been married.


(3) An order made under this Part in relation to the custody or guardianship of, or access to, a child ceases to be in force when the child attains 18 years of age or marries.


(4) The following provisions apply in relation to rights of custody or guardianship of a child, or access to a child, existing under this Act immediately before the adoption of the child:
(a) if the child is adopted by a person who, before the adoption, is not a prescribed adopting parent - those rights cease; or
(b) if the child is adopted by a prescribed adopting parent, where a court granted leave under section 60AA for the adoption proceedings to be commenced - those rights cease; or
(c) if the child is adopted by a prescribed adopting parent and leave was not granted under section 60AA for the adoption proceedings to be commenced - those rights do not cease.


(5) On the death of a parent in whose favour an order has been made under this Part for the custody of a child:
(a) the other parent is entitled to the custody of the child only if the court so orders;
(b) the other parent or another person may make an application to the court for an order placing the child in the custody of the applicant; and
(c) in an application under paragraph (b) by a person who does not, at the time of the application, have the care and control of the child, any person who, at that time, has the care and control of the child is entitled to be a party to the proceedings.

FAMILY LAW ACT 1975 - SECT 64
Powers of court in custodial proceedings

SECT

64.*2* (1) In proceedings in relation to the custody, guardianship or welfare of, or access to, a child:
(a) the court must regard the welfare of the child as the paramount consideration;
(b) the court shall consider any wishes expressed by the child in relation to the custody or guardianship of, or access to, the child, or in relation to any other matter relevant to the proceedings, and shall give those wishes such weight as the court considers appropriate in the circumstances of the case;
(ba) subject to section 60D and paragraph (b) of this subsection, the court shall, unless in the opinion of the court it is not practicable, make the order that, in the opinion of the court, is least likely to lead to the institution of further proceedings in relation to the custody or guardianship of the child;
(bb) the court shall take the following matters into account:
(i) the nature of the relationship of the child with each of the
parents of the child and with other persons;
(ii) the effect on the child of any separation from:
(A) either parent of the child; or
(B) any child, or other person, with whom the child has been
living;
(iii) the desirability of, and the effect of, any change in the
existing arrangements for the care of the child;
(iv) the attitude to the child, and to the responsibilities and
duties of parenthood, demonstrated by each parent of the child;
(v) the capacity of each parent, or of any other person, to provide
adequately for the needs of the child, including the emotional and intellectual needs of the child;
(va) the need to protect the child from abuse, ill treatment, or
exposure or subjection to behaviour which psychologically harms the child;
(vi) any other fact or circumstance (including the education and
upbringing of the child) that, in the opinion of the court, the welfare of the child requires to be taken into account; and
(c) subject to paragraphs (a), (b), (ba) and (bb), the court may make such order in respect of those matters as it considers proper, including an order until further order.


(1A) For the purpose of complying with the requirements of paragraph (1) (b) the court may:
(a) have regard to anything contained in a report furnished to the court in accordance with a direction under subsection 62A (1); and
(b) subject to the Rules of Court, inform itself as to the wishes of the child by such other means as it considers appropriate;
but nothing in this section permits the court or any person to require a child to express his or her wishes (if any) in relation to his or her custody or guardianship, in relation to access to him or her or in relation to any other matter relevant to the proceedings.


(1AA) In proceedings in relation to the custody, guardianship or welfare of, or access to, a child, the court may order the parties to the proceedings to attend a conference with a court counsellor or welfare officer in relation to the matter to which the proceedings relate.


(1B) A court shall not make an order (other than an order until further order or an order made with the consent of all the parties to the proceedings) in proceedings in relation to the custody, guardianship or welfare of, or access to, a child unless:
(a) the parties to the proceedings have attended a conference in relation to the matter to which the proceedings relate with a court counsellor or welfare officer;
(b) the court is satisfied that, having regard to the need to make an order urgently, or to any other special circumstance, it is appropriate to make the order notwithstanding that the parties to the proceedings have not attended a conference as mentioned in paragraph (a); or
(c) the court is satisfied that, having regard to the counselling and welfare facilities of the court, it is not practicable to require the parties to the proceedings to attend a conference as mentioned in paragraph (a).


(1C) A court must not make an order with the consent of all the parties to the proceedings, being an order placing a child in the guardianship or custody of a person who is not the child's parent, or 2 or more persons none of whom is the child's parent, unless:
(a) the requirements of subsection (1D) are satisfied; or
(b) the court is satisfied, having regard to the special circumstances of the proceedings, that it is appropriate to make the order even though the requirements of subsection (1D) are not satisfied.


(1D) The requirements for the purposes of subsection (1C) are that:
(a) the parties to the proceedings have attended a conference in relation to the proposed guardianship or custody arrangements with a court counsellor or welfare officer; and
(b) the court has considered a report prepared by the court counsellor or welfare officer about the proposed guardianship or custody arrangements.


(2) Without limiting the generality of subsection (1), in proceedings in relation to the custody, guardianship or welfare of, or access to, a child, the court may, if it is satisfied that it is desirable to do so, make one or more of the following orders:
(a) an order placing the child in the custody of any person or of any 2 or more persons jointly (whether or not that person or any of those persons is a parent);
(b) an order placing the child in the guardianship of any person or of any 2 or more persons jointly (whether or not that person or any of those persons is a parent);
(c) an order granting to any person (whether or not that person is a parent) rights of access to the child.


(5) Where a court makes an order under this Part with respect to a child, the court may also, if it considers the welfare of the child so requires, make one or both of the following orders:
(a) an order that compliance with the first-mentioned order shall, as far as practicable, be supervised by a court counsellor or welfare officer;
(b) an order that a court counsellor or welfare officer give to any party to the first-mentioned order such assistance as is reasonably requested by that party in relation to compliance with, and the carrying out of, the first-mentioned order.


(6) Where a court is of the opinion that there is a possibility or threat that a child will be removed from Australia, it may order the passport of the child and of any other person concerned to be delivered up to the court upon such conditions as the court considers appropriate.


(7) A court may discharge or vary an order under this section, or may suspend any part of the order and may revive the operation of any part so suspended.


(9) Where an order made by a court (including a court of a prescribed overseas jurisdiction) with respect to the custody of a child is in force, a court having jurisdiction under this Part may issue a warrant authorizing or directing the person, or any of the persons, to whom it is addressed, for the purpose of giving effect to the order:
(a) at any time, with such assistance as he or she requires or they require, and if necessary by force:
(i) to stop and search any vehicle, vessel or
aircraft, and to enter and search any premises or place, named or described in the warrant; and
(ii) to take possession of the child; and
(b) to deliver the child to the person entitled to custody or to some other person or authority (including a person or authority in or from a prescribed overseas jurisdiction) named in the order on behalf of the person entitled to custody.


(10) Where an order made by a court (including a court of a prescribed overseas jurisdiction) entitling a person to access to a child is in force, a court having jurisdiction under this Part may issue a warrant authorizing or directing the person, or any of the persons, to whom it is addressed, for the purpose of giving effect to the order:
(a) at any time, with such assistance as he or she requires or they require, and if necessary by force:
(i) to stop and search any vehicle, vessel or
aircraft, and to enter and search any premises or place, named or described in the warrant; and
(ii) to take possession of the child; and
(b) to deliver the child to the person so entitled to access.


(10A) A warrant under subsection (9) or (10) may be addressed to:
(a) a named person or named persons; or
(b) every person from time to time holding or acting in a specified office or offices of the Commonwealth or of a State or Territory.


(10B) Without limiting the generality of subsection (10A), a warrant under subsection (9) or (10) may be addressed to:
(a) a named person being a person who holds an appointment as an enforcement officer under subsection (12); or
(b) every person from time to time holding or acting in an office of enforcement officer.


(10C) Without limiting the power of the court issuing a warrant under subsection (9) or (10) to name or describe specifically any vehicle, vessel, aircraft, premises or place in respect of which the warrant is to apply, the court may express the warrant to apply in respect of any vehicle, vessel, aircraft, premises or place in which there is at any time reasonable cause to believe that the child concerned may be found.


(10D) A person shall not prevent or hinder the execution of a warrant issued under this section.


(10E) If a court having jurisdiction under this Part is satisfied that a person has intentionally, and without reasonable excuse, contravened subsection (10D), the court may:
(a) order the person to pay a fine not exceeding $1,000;
(b) order the person to enter into a recognizance (with or without surety or security) on conditions specified by the court; or
(c) order the person to be imprisoned until he or she enters into a recognizance (with or without surety or security) on conditions specified by the court, or until the person has been imprisoned for 3 months, whichever happens first.


(10F) Where a court makes an order under subsection (10E), the court may make such other orders as the court considers necessary to ensure the person does not again prevent or hinder the execution of the warrant referred to in subsection (10D).


(11) Where an order entitles more than one person to the custody of a child, a warrant shall not be issued under this section for the removal of the child from the possession of one of those persons and the delivery of the child to another of them.


(11A) Where the child in relation to whom a warrant under subsection (9) or (10) has been issued is delivered to the person entitled to custody of, or access to, the child, that person shall, as soon as practicable after the delivery of the child, notify:
(a) the Registrar of the court that issued the warrant; and
(b) if an order under subsection 64A (1) or (4) has been made on an application by that person - the person to whom the order was directed;
of the fact that the child has been delivered to the person.


(12) The Attorney-General may appoint persons to be enforcement officers for the purposes of this Part.


(13) An appointment under subsection (12) may be an appointment of:
(a) a named person only; or
(b) every person from time to time holding or acting in a specified office of the Commonwealth or of a State or Territory. *2* S. 64 (1) - Paragraph 8 (b) of the Family Law Amendment Act 1991 provides as follows: (b) by omitting from paragraph (ba) "section 60D and paragraph (b) of this section" and substituting "paragraphs (a) and (b)". The proposed amendment was misdescribed and is not incorporated in this reprint.

FAMILY LAW ACT 1975 - SECT 64A
Power of court to require provision of information

SECT

64A. (1) Where:
(a) a warrant has been issued under subsection 64 (9) or (10) in relation to a child; and
(b) the court that issued the warrant, or another court exercising jurisdiction under this Part, is satisfied that a person (in this subsection called the "relevant person") is likely to have or obtain information relating to:
(i) the child; or
(ii) another person who the court has reasonable cause to believe has
possession of the child;
the court may, subject to this section, order the relevant person to provide, to the Registrar of the court, such information relating to the whereabouts of the child, or the other person, as the case may be, as the relevant person has or obtains.


(2) An order under subsection (1) addressed to a person who holds a position in or in relation to a Commonwealth body does not apply to information that the person has or obtains because of holding that position.


(3) If a court, under subsection (1), orders a person to provide information that the person has or obtains, then:
(a) the order operates for 12 months; and
(b) the person shall provide the information as soon as practicable, or as soon as practicable after he or she obtains it, as the case requires.


(4) Where:
(a) a warrant has been issued under subsection 64 (9) or (10) in relation to a child; and
(b) the court that issued the warrant, or another court exercising jurisdiction under this Part, is satisfied that information relating to:
(i) the child; or
(ii) a person who the court has reasonable cause to believe has
possession of the child;
is likely to be contained in, or to come into, the records of a Department or a Commonwealth instrumentality;
the court may, subject to this section, order the Secretary to the Department, or an appropriate authority of the Commonwealth instrumentality, as the case may be, to provide, to the Registrar of the court, such information relating to the whereabouts of the child, or the person, as the case may be, as is contained in or comes into the records of the Department or instrumentality.


(5) A court shall not, under subsection (4), order a person to provide information unless a copy of the application for the order has been served on him or her in accordance with the Rules of Court.


(6) If an application for an order under subsection (4) relates to more than one Commonwealth body, the court shall not make the order against more than one of those bodies unless the court considers that, because of exceptional circumstances, the order should be made against more than one of those bodies.


(7) If a court considers, in relation to a Commonwealth body in relation to which it proposes to make an order under subsection (4), that:
(a) the information sought by the order is only likely to be contained in records of the body of a particular kind; and
(b) to apply the order to all of the records of the body would place an unreasonable burden on the body's resources;
the court may state in the order that the order applies only to the body's records of that kind.


(8) If a court, under subsection (4), orders a person to provide information that is contained in, or that comes into, the records of a Commonwealth body, then:
(a) the order operates for 12 months;
(b) subject to paragraph (b), the person shall provide the information as soon as practicable, or as soon as practicable after it comes into the records of the Commonwealth body, as the case requires; and
(c) the person is not obliged to cause the records of the Commonwealth body to be searched for that information more often than every 3 months.


(9) The person to whom an order is addressed shall comply with the order in spite of anything contained in any other law.


(10) Information provided to the Registrar of a court pursuant to this section must not be divulged by the Registrar, or by any other person who has obtained the information because of the provision of the information to the Registrar, except:
(a) to the Registrar of another court; or
(b) to a person to whom the warrant referred to in paragraph (1) (a) or (4) (a) is addressed; or
(c) with leave of the court, to a person who is, under an order made by a court (including a court of a prescribed overseas jurisdiction), entitled to custody of, or access to, the child in relation to whom that warrant was issued, and to a legal practitioner representing that person.


(11) In this section:
"appropriate authority", in relation to a Commonwealth instrumentality, means a person who holds an office or position in, or in relation to, the instrumentality;
"Commonwealth body" means a Department or a Commonwealth instrumentality;
"Department" means a Department of State of the Commonwealth;
"Registrar" means:
(a) in relation to the Family Court, or the Family Court of Western Australia - the Registrar, or a Deputy Registrar, of that court; and
(b) in relation to any other court - the principal officer of that court.

FAMILY LAW ACT 1975 - SECT 65
Separate representation of child

SECT

65. Where, in any proceedings under this Act in which the welfare of a child is relevant, it appears to the court that the child ought to be separately represented, the court may, of its own motion, or on the application of the child or of an organization concerned with the welfare of children or of any other person, order that the child be separately represented, and the court may make such other orders as it considers necessary for the purpose of securing such separate representation.

FAMILY LAW ACT 1975 - SECT 65A
Order that child be made available for examination

SECT

65A. (1) Where, in proceedings under this Act, a child is separately
represented by a person under an order made under section 65, the court may, on application by the person, order a custodian of the child to make the child available, as specified in the order, for a psychiatric or psychological examination to be made for the purpose of preparing a report about the child for use by the person in connection with the proceedings.


(2) In this section:
"custodian", in relation to a child, means a person who has, or any one of the persons who have, the daily care and control of the child.

FAMILY LAW ACT 1975 - SECT 66
Where applicant in contempt

SECT

66. The court may proceed with the hearing of proceedings in relation to a child notwithstanding that the person by whom the proceedings were instituted has failed to comply with an order of the court or of another court having jurisdiction under this Act.

FAMILY LAW ACT 1975 - DIVISION 6
Division 6 - Maintenance of children

FAMILY LAW ACT 1975 - SECT 66A
Objects of Division

SECT

66A. (1) The principal object of this Division is to ensure that children receive a proper level of financial support from their parents.


(2) Particular objects of this Division include ensuring:
(a) that children have their proper needs met from reasonable and adequate shares in the income, earning capacity, property and financial resources of both of their parents; and
(b) that parents share equitably in the support of their children.

FAMILY LAW ACT 1975 - SECT 66B
Duty of parents to maintain their children

SECT

66B. (1) The parents of a child have, subject to this Division, the primary duty to maintain the child.


(2) Without limiting the generality of subsection (1), the duty of a parent to maintain a child:
(a) is not of lower priority than the duty of the parent to maintain any other child or another person;
(b) has priority over all commitments of the parent other than commitments necessary to enable the parent to support:
(i) himself or herself; and
(ii) any other child or another person that the parent has a duty to
maintain; and
(c) is not affected by:
(i) the duty of any other person to maintain the child; or
(ii) any entitlement of the child or another person to an income
tested pension, allowance or benefit.

FAMILY LAW ACT 1975 - SECT 66BA
Application of Division to children to whom Child Support (Assessment)
Act applies

SECT

66BA. A court having jurisdiction under this Part must not, at any time, make, revive or vary an order for the maintenance of a child on the application of a person (in this section called the "applicant") against, or in favour of, a person (in this section called the "respondent") if an application could properly be made, at that time, under the Child Support (Assessment) Act 1989 for administrative assessment of child support (within the meaning of that Act):
(a) by the applicant seeking payment of child support for the child from the respondent; or
(b) by the respondent seeking payment of child support for the child from the applicant;
whether or not such an application under that Act has in fact been made by the applicant, the respondent or another person.

FAMILY LAW ACT 1975 - SECT 66C
Approach to be adopted in child maintenance proceedings

SECT

66C. In proceedings in relation to the maintenance of a child, the court shall:
(a) consider the financial support necessary for the maintenance of the child; and
(b) determine the financial contribution, or respective financial contributions, towards the financial support necessary for the maintenance of the child, that should be made by a party, or by parties, to the proceedings.

FAMILY LAW ACT 1975 - SECT 66D
Matters to be taken into account in considering financial support
necessary for maintenance of child

SECT

66D. (1) In considering the financial support necessary for the maintenance of a child, the court shall take into account, in addition to the matters referred to in section 66A, the following matters only:
(a) the proper needs of the child;
(b) the income, earning capacity, property and financial resources of the child.


(2) In taking into account the proper needs of the child, the court shall have regard to:
(a) the age of the child;
(b) the manner in which the child is being, and in which the parents expected the child to be, educated or trained; and
(c) any special needs of the child;
and may also have regard, to the extent to which it considers it appropriate in the circumstances of the case, to any relevant findings of published research in relation to the maintenance of children.


(3) In taking into account the income, earning capacity, property and financial resources of the child, the court shall:
(a) have regard to the capacity of the child to earn or derive income, including any assets of, under the control of or held for the benefit of the child that do not produce, but are capable of producing, income; and
(b) disregard:
(i) the income, earning capacity, property and financial resources of
any other person unless, in the special circumstances of the case, the court considers it appropriate to have regard to them; or
(ii) any entitlement of the child or any other person to an income
tested pension, allowance or benefit.


(4) Subsections (2) and (3) shall not be taken to limit by implication the matters to which the court may have regard in taking into account the matters referred to in subsection (1).

FAMILY LAW ACT 1975 - SECT 66E
Matters to be taken into account in determining contribution that should
be made by party etc.

SECT

66E. (1) In determining the financial contribution, or respective financial contributions, towards the financial support necessary for the maintenance of a child, that should be made by a party, or by parties, to the proceedings, the court shall take into account, in addition to the matters referred to in sections 66A and 66B, the following matters only:
(a) the income, earning capacity, property and financial resources of the party or each of those parties;
(b) the commitments of the party, or each of those parties, that are necessary to enable the party to support:
(i) himself or herself; or
(ii) any other child or another person that the person has a duty to
maintain;
(c) the direct and indirect costs incurred by the parent or other person who has the custody of the child in providing care for the child;
(d) any special circumstances which, if not taken into account in the particular case, would result in injustice or undue hardship to any person.


(2) In taking into account the income, earning capacity, property and financial resources of a party to the proceedings, the court shall have regard to the capacity of the party to earn and derive income, including any assets of, under the control of or held for the benefit of the party that do not produce, but are capable of producing, income.


(3) In taking into account the direct and indirect costs incurred by the parent or other person who has custody of the child in providing care for the child, the court shall have regard to the income and earning capacity foregone by the parent or other person in providing that care.


(4) In determining the financial contribution, or respective financial contributions, that should be made by a party, or by parties, to the proceedings, the court shall disregard:
(a) any entitlement of the child, or the person who has the custody of the child, to an income tested pension, allowance or benefit; and
(b) the income, earning capacity, property and financial resources of any person who does not have a duty to maintain the child, or has such a duty but is not a party to the proceedings, unless, in the special circumstances of the case, the court considers it appropriate to have regard to them.


(5) In determining the financial contribution, or respective financial contributions, that should be made by a party, or by parties, to the proceedings, the court shall consider the capacity of the party, or each of those parties, to provide maintenance by way of periodic payments before considering the capacity of the party, or each of those parties, to provide maintenance:
(a) by way of lump sum payment;
(b) by way of transfer or settlement of property; or
(c) in any other way.


(6) Subsections (2) to (5) (inclusive) shall not be taken to limit by implication the matters to which the court may have regard in taking into account matters referred to in subsection (1).

FAMILY LAW ACT 1975 - SECT 66F
Powers of court in child maintenance proceedings

SECT

66F. In proceedings in relation to the maintenance of a child, the court may, subject to this Division, make such order in relation to the maintenance of the child as is proper.

FAMILY LAW ACT 1975 - SECT 66FA
Limitation in relation to maintenance proceedings

SECT

66FA. Proceedings in relation to the maintenance of a child who is under the guardianship, or in the custody or care and control, of a person under a child welfare law may only be brought by:
(a) the child; or
(b) a parent of the child who has the daily care and control of the child; or
(c) a relative of the child who has the daily care and control of the child; or
(d) a child welfare officer of the relevant State or Territory.

FAMILY LAW ACT 1975 - SECT 66G
Step-parents to assist in maintenance of step-children in certain
circumstances etc.

SECT

66G. (1) The step-parent of a child has, subject to this Division, the duty of maintaining the child only if:
(a) the step-parent:
(i) is a guardian of the child; or
(ii) has custody of the child under an order of a court (whether or
not made under this Act and whether made before or after the commencement of this section); or
(b) a court having jurisdiction under this Part, by order, determines that it is proper for the step-parent to have that duty.


(2) In determining whether it is proper for a step-parent to have the duty of maintaining a step-child, the court shall take into account, in addition to the matters referred to in sections 60A, 66A and 66B, the following matters only:
(a) the length and circumstances of the marriage to the relevant parent of the child;
(b) the relationship that has existed between the step-parent and the child;
(c) the arrangements that have existed for the maintenance of the child;
(d) any special circumstances which, if not taken into account in the particular case, would result in injustice or undue hardship to any person.


(3) Any duty of a step-parent to maintain a step-child:
(a) is a secondary duty subject to the primary duty of the parents of the child to maintain the child; and
(b) does not derogate from the primary duty of the parents to maintain the child.


(4) In determining the financial contribution, or respective financial contributions, towards the financial support necessary for the maintenance of a child, that should be made by a party to the proceedings who is a step-parent of the child or by parties to the proceedings (one or more of whom is a step-parent of the child), the court shall take into account, in addition to the matters referred to in sections 60A, 66A, 66B and 66E, the extent to which the primary duty of the parents to maintain the child is being, and can be, fulfilled.

FAMILY LAW ACT 1975 - SECT 66H
Children who have attained 18 years of age

SECT

66H. (1) The court shall not make an order for the maintenance of a child who has attained 18 years of age unless the court is satisfied that the provision of the maintenance is necessary:
(a) to enable the child to complete his or her education; or
(b) because of a mental or physical disability of the child.


(2) The court shall not make an order for the maintenance of a child for a period that extends beyond the day on which the child will attain 18 years of age unless the court is satisfied that the provision of the maintenance beyond that day is necessary:
(a) to enable the child to complete his or her education; or
(b) because of a mental or physical disability of the child.


(3) An order for the maintenance of a child ceases to be in force on the day on which the child attains 18 years of age unless the order is expressed to continue in force for a period ending after that day.

FAMILY LAW ACT 1975 - SECT 66J
General powers of court

SECT

66J. (1) In exercising its powers under this Division, a court may do all or any of the following:
(a) order payment of a lump sum, whether in one amount or by instalments;
(b) order payment of a weekly, monthly, yearly or other periodic amount;
(c) order that a specified transfer or settlement of property be made by way of maintenance for a child;
(d) order that payment of an amount ordered to be paid be wholly or partly secured as the court specifies;
(e) order that any necessary deed or instrument be executed, and that such documents of title be produced and such other things be done, as are necessary to enable an order to be carried out effectively or to provide security for the due performance of an order;
(f) order that payment be made to a specified person or public authority or into court;
(g) make a permanent order, an order pending the disposal of proceedings, an order for a fixed period, an order until a child attains a specified age or until further order;
(h) make an order imposing terms and conditions;
(j) make an order by consent;
(k) make any other order (whether or not of the same nature as those referred to in paragraphs (a) to (j) (inclusive)) that it considers appropriate;
(m) make an order under this Division at any time.


(2) The making of an order of a kind referred to in paragraph (1) (c), or of any other order under this Division, in relation to the maintenance of a child does not prevent a court from making a subsequent order in relation to the maintenance of the child.


(3) The Rules of Court may make provision with respect to the making of orders under this Division (whether as to their form or otherwise) for the purpose of facilitating their enforcement and the collection of maintenance payable under them.

FAMILY LAW ACT 1975 - SECT 66K
Urgent maintenance orders

SECT

66K. Where, in proceedings in relation to the maintenance of a child:
(a) the court is of the opinion that the child is in immediate need of financial assistance; but
(b) it is not practicable in the circumstances to determine immediately what order (if any) should be made;
the court may order the payment, pending the disposal of the proceedings, of such periodic or other amount as the court considers appropriate.

FAMILY LAW ACT 1975 - SECT 66L
Specification in orders of payments etc. for child maintenance purposes

SECT

66L. (1) Where:
(a) a court makes an order under this Act (whether or not the order is made in proceedings in relation to the maintenance of a child, is made by consent or varies an earlier order), and the order has the effect of requiring:
(i) payment of a lump sum, whether in one amount or
by instalments; or
(ii) the transfer or settlement of property; and
(b) the purpose, or one of the purposes, of the payment, transfer or settlement is to make provision for the maintenance of a child or children;
the court shall:
(c) express the order to be an order to which this section applies; and
(d) specify:
(i) the child or children for whose maintenance provision is made by
the payment, transfer or settlement; and
(ii) the portion of the payment, or the value of the portion of the
property, attributable to the provision of maintenance for the child or each child, as the case may be.


(2) Where:
(a) a court makes an order of a kind referred to in paragraph (1) (a); and
(b) the order:
(i) is not expressed to be an order to which this section applies; or
(ii) is expressed to be an order to which this section applies, but
does not comply with paragraph (1) (d);
any payment, transfer or settlement of a kind referred to in paragraph (1) (a), that the order has the effect of requiring, shall be taken not to make provision for the maintenance of a child.

FAMILY LAW ACT 1975 - SECT 66M
Cessation of orders

SECT

66M. (1) An order for the maintenance of a child ceases to be in force on the death of the child.


(2) An order for the maintenance of a child ceases to be in force on the death of the person liable to make payments under the order.


(3) Subsection (2) does not apply in relation to an order made before the commencement of section 38 of the Family Law Amendment Act 1983 if the order was expressed to continue in force throughout the life of the person for whose benefit the order was made or for a period that had not expired at the death of the person liable to make payments under the order and, in that case, the order is binding on the legal personal representative of the deceased person.


(3A) An order for the maintenance of a child ceases to be in force on the death of the person entitled to receive payments under the order.


(3B) Subsection (3A) does not apply in relation to an order if:
(a) the order is expressed to continue in force after the death of the person first entitled to receive payments under the order; and
(b) the order specifies the person who is to receive the payments after that death.


(4) An order for the maintenance of a child ceases to be in force on the adoption or marriage of the child.


(5) Where a child for whose maintenance an order has been made under this Act dies, is adopted or marries, the person entitled to receive payments under the order shall, without delay, inform the person liable to make payments under the order.


(6) Any amounts paid in relation to a period after the death, adoption or marriage, as the case may be, may be recovered in a court having jurisdiction under this Part.


(7) Nothing in this section affects the recovery of arrears due under an order when the order ceased to be in force.


(8) This section applies in relation to orders made under this Act
(whether before or after the commencement of this section).

FAMILY LAW ACT 1975 - SECT 66N
Modification of maintenance orders

SECT

66N. (1) In proceedings in relation to the maintenance of a child, if there is in force an order for the maintenance of the child:
(a) made by the court; or
(b) made by another court and registered in the court under the Rules of Court;
the court may, by order:
(c) discharge the order if there is just cause for so doing;
(d) suspend its operation wholly or in part and either until further
order or until a fixed time or the happening of a future event;
(e) if the operation of the order has been suspended under paragraph
(d), revive its operation wholly or in part; or
(f) subject to subsection (2), vary the order:
(i) so as to increase or decrease any amount ordered to be paid by
the order; or
(ii) in any other way.


(2) The court shall not vary the order so as to increase or decrease any amount ordered to be paid by the order unless it is satisfied:
(a) that, since the order was made or last varied:
(i) the circumstances of the child have so changed;
(ii) the circumstances of the person liable to make payments under
the order have so changed; or
(iii) in the case of an order that operates in favour of, or is
binding on, a legal personal representative - the circumstances of the estate are such;
as to justify its so doing;
(b) that, since the order was made or last varied, the cost of living has changed to such an extent as to justify its so doing;
(c) in a case where the order was made by consent - that the amount ordered to be paid is not proper or adequate; or
(d) that material facts were withheld from the court that made the order or from a court that varied the order, or material evidence previously given before such a court was false.


(3) In satisfying itself for the purposes of paragraph (2) (b), the court shall have regard to any changes that have occurred in the Consumer Price Index published by the Australian Statistician.


(4) The court shall not, in considering the variation of an order, have regard to a change in the cost of living unless at least 12 months have elapsed since the order was made or last varied having regard to a change in the cost of living.


(5) In satisfying itself for the purposes of paragraph (2) (c), the court shall have regard to any payments, and any transfer or settlement of property, previously made to the child, or to any other person for the benefit of the child, by the person against whom the order was made.


(6) An order decreasing a periodic amount payable under an order, or discharging an order, may be expressed to be retrospective to such day as the court considers appropriate.


(7) Where an order (in this subsection called the "subsequent order") decreasing a periodic amount payable under an order (in this subsection called the "earlier order") is expressed to be retrospective, amounts paid under the earlier order that are not payable under the earlier order as varied by the subsequent order may be recovered in a court having jurisdiction under this Part.


(8) Where an order discharging an order is expressed to be retrospective to a specified day, amounts paid under the second-mentioned order since the specified day may be recovered in a court having jurisdiction under this Part.


(9) For the purposes of this section, the court shall have regard to the provisions of sections 66A to 66E (inclusive) and section 66G (if applicable).


(10) The discharge of an order does not affect the recovery of arrears due under the order when the discharge takes effect.


(11) This section applies in relation to orders whether or not they were made under this Act and whether they were made before or after the commencement of this section.

FAMILY LAW ACT 1975 - DIVISION 7
Division 7 - Presumptions of parentage

FAMILY LAW ACT 1975 - SECT 66P
Presumptions of parentage arising from marriage

SECT

66P. (1) A child born to a woman during a marriage to which the woman is a party shall be presumed to be a child of the marriage.


(2) A child born to a woman within 10 months after:
(a) a marriage to which the woman is a party is terminated by death; or
(b) a purported marriage to which the woman is a party is annulled;
shall be presumed to be a child of the marriage.


(3) Where:
(a) after the parties to a marriage separated, they resumed cohabitation on one occasion;
(b) within a period of 3 months after the resumption of cohabitation, they again separated and thereafter lived separately and apart; and
(c) a child is born to the woman within 10 months after the period of cohabitation but after the dissolution of the marriage;
the child shall be presumed to be a child of the marriage.

FAMILY LAW ACT 1975 - SECT 66Q
Presumption of paternity arising from cohabitation

SECT

66Q. A child born to a woman who, for a period of at least 6 months ending not more than 10 months before the birth, cohabited with a man to whom she was not married shall be presumed to be a child of that man.

FAMILY LAW ACT 1975 - SECT 66R
Presumption of parentage arising from registration of birth

SECT

66R. A person whose name is entered in a register of births or parentage information, kept under the law of the Commonwealth or of a State, Territory or prescribed overseas jurisdiction, as a parent of a child shall be presumed to be a parent of the child.

FAMILY LAW ACT 1975 - SECT 66S
Presumptions of parentage arising from findings of courts

SECT

66S. (1) Where, whether before or after the commencement of this section, an Australian court or a court of a prescribed overseas jurisdiction has found, or could reasonably be inferred to have found, during the lifetime of a man, that the man is the father of a particular child, and the finding has not been altered, set aside or reversed, the man shall be presumed to be the father of the child.


(2) Where, whether before or after the commencement of this section, an Australian court or a court of a prescribed overseas jurisdiction has found, or could reasonably be inferred to have found, during the lifetime of a woman, that the woman is the mother of a particular child, and the finding has not been altered, set aside or reversed, the woman shall be presumed to be the mother of the child.

FAMILY LAW ACT 1975 - SECT 66T
Presumption of paternity arising from acknowledgements

SECT

66T. Where, under the law of the Commonwealth or of a State, Territory or prescribed overseas jurisdiction:
(a) a man has, whether before or after the commencement of this section, executed an instrument acknowledging that he is the father of a specified child; and
(b) the instrument has not been annulled or otherwise set aside;
the man shall be presumed to be the father of the child.

FAMILY LAW ACT 1975 - SECT 66U
Rebuttal of presumptions etc.

SECT

66U. (1) A presumption arising under this Division is rebuttable by proof on a balance of probabilities.


(2) Where:
(a) 2 or more presumptions arising under this Division are relevant in any proceedings; and
(b) those presumptions, or some of those presumptions, conflict with each other and are not rebutted in the proceedings;
the presumption that appears to the court to be the more or most likely to be correct prevails.

FAMILY LAW ACT 1975 - DIVISION 8
Division 8 - Parentage evidence

FAMILY LAW ACT 1975 - SECT 66V
Evidence of parentage

SECT

66V. Where the parentage of a child is a question in issue in proceedings under this Act, the court may make an order requiring any person to give such evidence as is material to the question.

FAMILY LAW ACT 1975 - SECT 66W
Medical procedures to determine parentage

SECT

66W. (1) Without limiting the generality of section 66V, where the parentage of a child is in issue in proceedings under this Act, the court may, on the request of a party to the proceedings, on the request of a person representing the child under an order made under section 65 or of its own motion, make an order requiring a parentage testing procedure to be carried out in relation to a person referred to in subsection (2) for the purpose of obtaining information to assist in determining the parentage of the child.


(2) The order under subsection (1) may be made in relation to:
(a) the child;
(b) a person known to be the mother of the child; or
(c) any other person where the court is of the opinion that the information that could be obtained if the parentage testing procedure were to be carried out in relation to the person might assist in determining the parentage of the child.


(3) The order under subsection (1) may be made subject to terms and conditions.


(4) Where the court makes an order under subsection (1), the court may:
(a) make such other orders as it considers necessary or desirable:
(i) to enable the parentage testing procedure to be carried out; or
(ii) to make the parentage testing procedure more effective or
reliable;
including, without limiting the generality of the following, orders requiring a person to submit to a medical procedure, to provide a bodily sample or to furnish information relevant to the person's medical or family history; and
(b) may make such orders as it considers just in relation to costs incurred in relation to:
(i) the carrying out of the parentage testing procedure or other
orders made by the court in relation to the parentage testing procedure; or
(ii) the preparation of reports in relation to the information
obtained as a result of the carrying out of the parentage testing procedure.


(5) Where a person who has attained 18 years of age contravenes an order under this section, the person is not liable to any penalty in relation to the contravention, but the court may draw such inferences as appear just in the circumstances.


(6) Where an order under this section is directed to a child who has not attained 18 years of age, a medical procedure or other act shall not be carried out in relation to the child under the order unless a guardian of the child consents to the medical procedure or act being carried out, but the court may draw such inferences from a failure or refusal to consent as appear just in the circumstances.


(7) If a guardian of the child consents to a medical procedure or other act being carried out in relation to the child under the order, a person who carries out, or assists in the carrying out of, the medical procedure or act is not liable to any civil or criminal action in relation to the proper carrying out of the medical procedure or act.


(8) Nothing in subsection (7) affects any liability of a person for an act done negligently, or negligently omitted to be done, in relation to the carrying out of the medical procedure or act.


(9) The regulations may make provision with respect to:
(a) the carrying out of parentage testing procedures under orders made under subsection (1); and
(b) the preparation of reports in relation to the information obtained as the result of the carrying out of such procedures.


(10) A report made in accordance with regulations made under paragraph (9) (b) may be received in evidence in any proceedings under this Act.


(11) Where a report referred to in subsection (10) is received in evidence in any proceedings under this Act, the court may, on the request of a party to the proceedings, on the request of a person representing the relevant child under an order made under section 65 or of its own motion, make an order requiring the person who made the report, or any person whose evidence may be relevant in relation to the report, to appear before the court, and give evidence in relation to the report.

FAMILY LAW ACT 1975 - DIVISION 9
Division 9 - Child bearing expenses

FAMILY LAW ACT 1975 - SECT 66X
Father liable to contribute towards maintenance and expenses of mother

SECT

66X. The father of a child who is not married to the mother of the child is, subject to this Division, liable to make a proper contribution towards:
(a) the maintenance of the mother for the childbirth maintenance period in relation to the birth of the child;
(b) the mother's reasonable medical expenses in relation to the pregnancy and birth;
(c) if the mother dies and the death is as a result of the pregnancy or birth, the reasonable expenses of the mother's funeral; and
(d) if the child is stillborn, or dies and the death is related to the birth, the reasonable expenses of the child's funeral.

FAMILY LAW ACT 1975 - SECT 66Y
Matters to be taken into account in proceedings under Division

SECT

66Y. (1) In proceedings under this Division in relation to the birth of a child, the court shall, in determining the contribution that should be made by the father of the child, take into account the following matters only:
(a) the income, earning capacity, property and financial resources of the mother and the father of the child;
(b) commitments of each of those persons that are necessary to enable the person to support:
(i) himself or herself; or
(ii) any other child or another person that the person has a duty to
maintain;
(c) any special circumstances which, if not taken into account in the particular case, would result in injustice or undue hardship to any person.


(2) In taking into account the income, earning capacity, property and financial resources of a person, the court shall have regard to the capacity of the person to earn and derive income, including any assets of, under the control of or held for the benefit of the person that do not produce, but are capable of producing, income.


(3) In taking into account the income, earning capacity, property and financial resources of the mother, the court shall disregard any entitlement of the mother to an income tested pension, allowance or benefit.


(4) Subsections (2) and (3) shall not be taken to limit by implication the matters to which the court may have regard in taking into account matters referred to in subsection (1).

FAMILY LAW ACT 1975 - SECT 66Z
Powers of court in proceedings under Division

SECT

66Z. (1) In proceedings under this Division in relation to the birth of a child, the court may make such order as is proper.


(2) In exercising its powers under this Division, a court may do all or any of the following:
(a) order payment of a lump sum, whether in one amount or by instalments;
(b) order payment of a weekly, monthly or other periodic amount;
(c) order that payment of an amount ordered to be paid be wholly or partly secured as the court specifies;
(d) order that any necessary deed or instrument be executed, and that such documents of title be produced and such other things be done, as are necessary to enable an order to be carried out effectively or to provide security for the due performance of an order;
(e) order that payment be made to a specified person or public authority or into court;
(f) make a permanent order, an order pending the disposal of proceedings, an order for a fixed period or until further order;
(g) make an order imposing terms and conditions;
(h) make an order by consent;
(j) make any other order (whether or not of the same nature as those referred to in paragraphs (a) to (h) (inclusive)) that it considers appropriate;
(k) make an order under this Division at any time (whether before or after the birth of the relevant child).


(3) The Rules of Court may make provision with respect to the making of orders under this Division (whether as to their form or otherwise) for the purpose of facilitating their enforcement and the collection of amounts payable under them.

FAMILY LAW ACT 1975 - SECT 66ZA
Urgent orders

SECT

66ZA. Where, in proceedings under this Division in relation to the birth of a child:
(a) the court is of the opinion that the applicant is in immediate need of financial assistance; but
(b) it is not practicable in the circumstances to determine immediately what order (if any) should be made (whether because the applicant has not yet given birth to the child or otherwise);
the court may order the payment, pending the disposal of the proceedings, of such periodic or other amount as the court considers appropriate.

FAMILY LAW ACT 1975 - SECT 66ZB
Time limit for institution of proceedings

SECT

66ZB. (1) Proceedings under this Division in relation to the birth of a child may be instituted:
(a) at any time during the pregnancy of the applicant; or
(b) after the birth of the child, but not later than 12 months after the birth except by leave of the court.


(2) The court shall not grant leave under paragraph (1) (b) unless it is satisfied that refusal to grant leave would cause hardship to the applicant, the child or another person.

FAMILY LAW ACT 1975 - DIVISION 10
Division 10 - Child agreements

FAMILY LAW ACT 1975 - SECT 66ZC
Registration of child agreements

SECT

66ZC. Subject to the regulations, a child agreement may be registered, as prescribed by the Rules of Court, in a court having jurisdiction under this Part.

FAMILY LAW ACT 1975 - SECT 66ZD
Child welfare provisions of registered child agreements

SECT

66ZD. (1) Where a child agreement that makes provision in relation to child welfare matters is registered under section 66ZC, a party to the agreement may not institute proceedings under this Part seeking an order under section 64 in relation to those matters.


(2) A court in which a child agreement is registered under section 66ZC may, by order, vary the agreement, in so far as it makes provision in relation to child welfare matters, if it considers the welfare of a child requires the variation.


(3) Subject to subsection (4), a child agreement registered under section 66ZC, in so far as it makes provision in relation to child welfare matters, has effect as if it were an order made under this Part by the court in which the agreement is registered.


(3A) Subsections (1) and (3) do not apply to a child agreement (whether registered before or after the commencement of the Family Law Amendment Act 1991) to the extent (if any) that the agreement purports to confer the custody or guardianship of the child concerned upon a person who is not a parent of the child.


(4) Where a child agreement is registered under section 66ZC, a court having jurisdiction under this Part shall not enforce the agreement or shall not enforce the agreement in a particular respect, in so far as the agreement makes provision in relation to child welfare matters, if it considers that to do so would be contrary to the best interests of a child.


(5) In exercising its powers under this section, a court shall have regard to the provisions of sections 60D and 64.

FAMILY LAW ACT 1975 - SECT 66ZDA
Child maintenance provisions of registered child agreements - where not
enforceable as maintenance agreements

SECT

66ZDA. (1) This section applies where:
(a) a child agreement is registered under section 66ZC;
(b) the agreement makes provision relating to the maintenance of the child; and
(c) the agreement is not a maintenance agreement or, if it is a maintenance agreement, the child is not a child of the relevant marriage.


(2) The agreement, in so far as it makes provision in relation to the maintenance of the child, has effect (including for the purposes of section 66N) as if the agreement were an order made by consent under this Part by the court in which the agreement is registered.


(3) Unless the agreement otherwise provides, the provisions of the agreement relating to the maintenance of the child (other than any provisions providing for the payment by way of maintenance of a periodic sum) continue to operate in spite of the death of a party to the agreement and operate in favour of, and are binding on, the legal personal representative of that party.


(4) If the agreement so provides, any provision of the agreement relating to the maintenance of the child that provides for the payment by way of maintenance of a periodic sum continues to operate in spite of the death of any party to the agreement who is liable to make payments pursuant to that provision and is binding on the legal personal representative of that party but, in spite of any provision of the agreement, does not continue to operate after the death of the person who is entitled to receive those payments.


(5) The agreement, so far as it makes provision for the maintenance of the child, has no effect and is not enforceable in any way at any time when an application could properly be made under the Child Support (Assessment) Act 1989 by one of the parties to the agreement for administrative assessment of child support (within the meaning of that Act) for the child, seeking payment of the child support by the other party to the agreement (whether or not such an application has in fact been made by the party or by another person).

FAMILY LAW ACT 1975 - SECT 66ZE
Setting aside of registered child agreements

SECT

66ZE. (1) The court in which a child agreement is registered under section 66ZC may set aside the registration of the agreement under that section if, and only if, the court is satisfied:
(a) that the concurrence of a party was obtained by fraud or undue influence;
(b) that the parties desire the agreement to be set aside; or
(c) that the welfare of a child requires the setting aside of the agreement.


(2) In exercising its power to set aside a child agreement under paragraph (1) (c), the court shall have regard to section 64.

FAMILY LAW ACT 1975 - DIVISION 11
Division 11 - State, Territory and overseas custody orders

FAMILY LAW ACT 1975 - SECT 67
Registration of State and Territory custody orders

SECT

67. (1) In this section, "custody order" means an order for custody of, or access to, a child who has not attained 18 years of age made under the law of a State or Territory.


(1A) The Rules of Court may make provision for and in relation to the registration in a court having jurisdiction under this Part of custody orders made under a law of a prescribed State or a Territory.


(2) The Rules of Court may make provision for and in relation to the registration in a State or Territory in a court having jurisdiction under this Act of custody orders made by a court in another State or Territory.


(3) Where a custody order is registered in a court under this section, the order has the same force and effect as if it were an order made by that court under this Part.

FAMILY LAW ACT 1975 - SECT 68
Overseas custody orders

SECT

68. (1) The regulations may make provision for and in relation to the registration in courts in Australia of overseas custody orders.


(2) Where an overseas custody order is registered in a court under this section, the order has the same force and effect as if it were an order made by that court under this Part.


(3) Where an overseas custody order is so registered, a court in Australia shall not, where it becomes aware of the order, exercise jurisdiction in proceedings for the custody of, or access to, the child the subject of the overseas custody order, unless:
(a) every person having rights of custody or access in relation to the child under the overseas custody order consents to the exercise of jurisdiction by the court in the proceedings; or
(b) the court is satisfied that there are substantial grounds for believing that the welfare of the child will be adversely affected if the court does not exercise jurisdiction in the proceedings.


(4) Where the court exercises jurisdiction in proceedings for the custody of, or access to, a child who is the subject of an overseas custody order, the court shall not make an order with respect to the custody of, or access to, the child unless the court is satisfied:
(a) that the welfare of the child is likely to be adversely affected if the order is not made; or
(b) that there has been such a change in the circumstances of the child since the making of the overseas custody order that the order ought to be made.


(5) Where the court, being aware that an overseas custody order is registered under this section, makes an order with respect to the custody of, or access to, the child who is the subject of the overseas custody order, the court shall cancel the registration, under this section, of that overseas custody order.


(6) Where:
(a) an order for custody of, or access to, a child (in this section referred to as the "Australian order") has been made in Australia, whether under this Part or under any other law, and is in force under this Part; and
(b) an overseas custody order relating to the child (being an overseas custody order the effect of which is different from the effect of the Australian order) has been registered under this section, whether before or after the date of the making of the Australian order, and its registration under this section has not been cancelled;
then:
(c) a person having rights of custody or access in relation to the child under the overseas custody order may apply to a court having jurisdiction under this Part for the discharge of the Australian order; or
(d) a person having rights of custody or access in relation to the child under the Australian order may apply to a court having jurisdiction under this Part for the cancellation of the registration, under this section, of the overseas custody order;
and, where an application is made under paragraph (c) or (d), the court shall cancel the registration, under this section, of the overseas custody order if:
(e) every person having rights of custody or access in relation to the child under the overseas custody order consents to the cancellation of the registration, under this section, of the overseas custody order;
(f) the court is satisfied that there are substantial grounds for believing that the welfare of the child will be adversely affected if the overseas custody order continues to operate in relation to the child; or
(g) the court is satisfied that there has been such a change in the circumstances of the child since the making of the overseas custody order that the overseas custody order should not continue to operate in relation to the child;
but otherwise the court shall discharge the Australian order.


(7) This section does not apply in relation to:
(a) an overseas custody order that is an interim order; or
(b) an overseas custody order conferring rights of custody or access on a person where:
(i) the order was made on the application of that person;
(ii) notice of the making of the application was not served on any
other person; and
(iii) no other person appeared at the hearing of the application.

FAMILY LAW ACT 1975 - SECT 69
Transmission of Australian custody orders to overseas jurisdictions

SECT

69. (1) Where an order made by a court in Australia with respect to the custody of, or access to, a child who has not attained the age of 18 years may be enforced in a prescribed overseas jurisdiction under provisions corresponding to the provisions of section 68, the Registrar of the court shall, if so requested in writing by a person having rights of custody or access in relation to the child under the order, send to an appropriate court or authority in that jurisdiction such documents and information as are necessary for securing the enforcement of the order in the overseas jurisdiction.


(2) The regulations may make provision for and in relation to the transmission to a prescribed overseas jurisdiction of copies of, and documents relating to, an order made by a court in Australia with respect to custody of, or access to, a child who is the subject of an overseas custody order.

FAMILY LAW ACT 1975 - DIVISION 12
Division 12 - Obligations created by custody and access orders

FAMILY LAW ACT 1975 - SECT 70
Interfering with child subject to custody order

SECT

70. (1) Where an order is made under this Part granting to a person the custody of a child, a person shall not remove the child from the possession of the first-mentioned person contrary to the order or interfere with the exercise of the first-mentioned person's rights under the order in respect of the child.


(2) Where an order is made under this Part granting to a person the custody of a child, being a child that is in the care and control of another person, that other person shall, upon demand by the person entitled to the custody of the child under the order, deliver the child to that person.


(3) Where an order under this Part or section 112AD provides for a person to have access to a child, a person shall not, without just cause or excuse, hinder or prevent the first-mentioned person from obtaining access to the child in accordance with the order or interfere with the access to the child that the first-mentioned person is entitled to in accordance with the order.


(4) Subsections (1), (2) and (3) apply to an order registered in a court under section 67 or 68 as if the order were an order made under this Part.

FAMILY LAW ACT 1975 - SECT 70AA
Warrants for arrest of persons who contravene custody or access orders

SECT

70AA. (1) This section applies where:
(a) a court having jurisdiction under this Part is satisfied, on application by a person who has been granted custody of, or access to, a child by an order under this Part or section 112AD, that there are reasonable grounds for believing that another person (in this section called the "alleged offender") has contravened subsection 70 (1), (2) or (3) in relation to the order;
(b) there is an application before the court for the alleged offender to be dealt with under section 112AD for the contravention; and
(c) the court is satisfied that the issue of a warrant is necessary to ensure that the alleged offender will attend before a court to be dealt with under section 112AD for the contravention.


(2) The court may issue a warrant authorising a person to whom it is addressed to arrest the alleged offender.


(3) Where a person (in this subsection called the "arresting person") arrests the alleged offender pursuant to a warrant issued under subsection (2):
(a) the arresting person shall:
(i) ensure that the alleged offender is brought before a court having
jurisdiction under this Part before the end of the relevant period; and
(ii) take all reasonable steps to ensure that, before the person is
so brought before a court, the person on whose application the warrant was issued is aware:
(A) that the alleged offender has been arrested; and
(B) of the court before which the alleged offender is to be brought;
and
(b) the alleged offender shall not be released before the end of the relevant period except pursuant to an order of a court having jurisdiction under this Part;
but nothing in this subsection authorises the keeping of the alleged offender in custody after the end of the relevant period.


(4) Where:
(a) the alleged offender is brought before a court under subsection (3); and
(b) there is an application before that court for the alleged offender to be dealt with under section 112AD for the contravention referred to in paragraph (1) (a);
the court shall, without delay, proceed to hear and determine the application.


(5) Where:
(a) the alleged offender is brought before a court under subsection (3);
(b) there is no application, or no longer any application, before that court for the alleged offender to be dealt with under section 112AD for the contravention referred to in paragraph (1) (a); and
(c) the court is aware that there is an application before another court for the alleged offender to be dealt with under section 112AD for that contravention;
the court shall, without delay:
(d) order that the alleged offender is to be released from custody on his or her entering into a recognizance (with or without surety or security) that he or she will attend before the other court on a date, at a time and at a place specified by the court; or
(e) order the arresting person to arrange for the alleged offender to be brought before the other court on such date and at such time as the court specifies, being a date and time such that the alleged offender is to be brought before the other court as soon as practicable, and in any event not more than 72 hours, after the making of the order.


(6) Where:
(a) the alleged offender is brought before a court under subsection (3);
(b) there is no application, or no longer any application, before that court for the alleged offender to be dealt with under section 112AD for the contravention referred to in paragraph (1) (a); and
(c) so far as the court is aware, there is no application, or no longer any application, before any other court for the alleged offender to be dealt with under section 112AD for that contravention;
the court shall, without delay, order the release of the alleged offender.


(7) If a court makes an order under paragraph (5) (e) for the alleged offender to be brought before another court, the following provisions have effect:
(a) subject to paragraph (c), the alleged offender may be kept in custody until he or she is brought before the other court;
(b) if the alleged offender is brought before the other court as required by the order, the other court shall, without delay, proceed to hear and determine the application referred to in paragraph (5) (c);
(c) if the alleged offender is not brought before the other court as required by the order, he or she shall be released without delay.


(8) Where a court hearing an application pursuant to subsection (4) or paragraph (7) (b) adjourns the hearing, the court shall:
(a) order the alleged offender to be kept in such custody as the court considers appropriate during the adjournment; or
(b) order that the alleged offender is to be released from custody, either on his or her entering into a recognizance (with or without surety or security) that he or she will attend before the court on the resumption of the hearing or otherwise.


(9) Nothing in subsection (8) authorises the alleged offender being kept in custody during an adjournment of proceedings that:
(a) is expressed to be for a period of more than 24 hours; or
(b) continues for more than 24 hours.


(10) A warrant issued under subsection (2) stops being in force:
(a) if a date, being a date not later than 6 months after the issue of the warrant, is specified in the warrant as the date on which it stops being in force - on that date; or
(b) if no date is specified as mentioned in paragraph (a) - 6 months after the issue of the warrant.


(11) In this section:
"relevant period", in relation to the arrest of a person, means:
(a) where paragraph (b) does not apply - the period starting when the
person is arrested and ending 24 hours later; or
(b) where a Sunday or public holiday starts within 24 hours after the
person is arrested - the period starting when the person is arrested and ending 48 hours later.

FAMILY LAW ACT 1975 - SECT 70A
Certain children not to be taken out of Australia

SECT

70A. (1) Where there is in force an order (including an interim order) made by a court in Australia with respect to the custody or guardianship of, or access to, a child, a person who was a party to the proceedings in which the order was made, or a person who is acting on behalf of, or at the request of, such a person, shall not take or send, or attempt to take or send, the child from Australia to a place outside Australia except:
(a) with the consent in writing (authenticated as prescribed) of each person who, under the order, is entitled (whether alone or together with another person or other persons) to the custody or guardianship of, or access to, the child; or
(b) in accordance with an order of a court made under this Part or under a law of a State or Territory at the time of, or after, the making of the first-mentioned order.
Penalty: Imprisonment for 3 years.


(2) Where proceedings have been instituted in a court in Australia for an order with respect to the custody or guardianship of, or access to, a child, and those proceedings are pending, a person who is a party to the proceedings, or a person who is acting on behalf of, or at the request of, such a person, shall not take or send, or attempt to take or send, the child from Australia to a place outside Australia except:
(a) with the consent in writing (authenticated as prescribed) of each other party to the proceedings; or
(b) in accordance with an order of a court made under this Part or under a law of a State or Territory after the institution of the proceedings.
Penalty: Imprisonment for 3 years.


(7) Nothing in this section shall be read as intended to prevent or restrict the operation of any law of a State or Territory under which:
(a) action may be taken to prevent a child from leaving Australia or being taken or sent outside Australia; or
(b) a person may be punished in respect of the taking or sending of a child outside Australia.


(8) In this section, "child" means a person who has not attained the age of 18 years.


(9) Where an appeal against a decision of a court in particular proceedings has been instituted and is pending, those proceedings shall, for the purposes of subsection (2), be taken to be pending.

FAMILY LAW ACT 1975 - SECT 70B
Obligation of owners of vessels etc.

SECT

70B. (1) Where:
(a) a person (in this subsection referred to as the "relevant person") is entitled (whether alone or together with another person or other persons) to the custody or guardianship of, or access to, a child under an order referred to in subsection 70A (1); and
(b) the relevant person has served on the master, owner or charterer of a vessel or on the agent of the owner of a vessel a statutory declaration made by the relevant person in relation to the order not earlier than 7 days before the date of service, being a statutory declaration that complies with the requirements of subsection (3);
the person on whom the statutory declaration is served shall not, without reasonable excuse, while the order continues in force, permit the child referred to in the declaration to leave a port or place in Australia in the vessel for a destination outside Australia except:
(c) in the company, or with the consent in writing (authenticated as prescribed), of the relevant person; or
(d) in accordance with an order of a court made, under this Part or under a law of a State or Territory, at the time of, or after, the making of the first-mentioned order.
Penalty: $6,000.


(2) Where:
(a) a person (in this subsection referred to as the "relevant person") is a party to proceedings referred to in subsection 70A (2) for an order with respect to the custody or guardianship of, or access to, a child; and
(b) the relevant person has served on the master, owner or charterer of a vessel or on the agent of the owner of a vessel a statutory declaration in relation to the proceedings made by the relevant person not earlier than 7 days before the date of service, being a statutory declaration that complies with the requirements of subsection (4);
the person on whom the statutory declaration is served shall not, without reasonable excuse, while the proceedings are pending, permit the child referred to in the declaration to leave a port or place in Australia in the vessel for destination outside Australia except:
(c) in the company, or with the consent in writing (authenticated as prescribed), of the relevant person; or
(d) in accordance with an order of a court made, under this Part or under a law of a State or Territory, after the institution of the proceedings.
Penalty: $6,000.


(3) A statutory declaration for the purposes of subsection (1) shall contain full particulars of the order to which it relates, including:
(a) the full name and the date of birth of the child in respect of whom the order applies;
(b) the full names of the parties to the proceedings in which the order was made; and
(c) the terms of the order;
and shall contain such other matters (if any) as are prescribed.


(4) A statutory declaration for the purposes of subsection (2) shall contain:
(a) full particulars of the proceedings to which it relates, including:
(i) the full name and the date of birth of the child to whom the
proceedings relate;
(ii) the full names of the parties to the proceedings; and
(iii) the name of the court, the nature of the proceedings, the date
of institution of the proceedings and, where an appeal has been instituted in the proceedings, the name of the court in which the appeal was instituted and the date on which the appeal was instituted;
(b) a statement that the proceedings are pending at the date of the declaration; and
(c) such other matters (if any) as are prescribed.


(5) A declaration under this section may be served on the owner or charterer of a vessel or on the agent of the owner of a vessel by leaving the declaration, or by sending it by registered post addressed to the owner, charterer or agent, at the principal place of business in Australia of the owner, charterer or agent, as the case may be.


(6) The master, owner or charterer of a vessel or the agent of the owner of a vessel is not liable in any civil or criminal proceedings in respect of anything done in good faith for the purpose of complying with this section.


(7) Where an act or omission by a person that constitutes an offence against subsection (1) or (2) is also an offence against any other law, the person may be prosecuted and convicted under that other law, but nothing in this subsection renders any person liable to be punished twice in respect of the same act or omission.


(8) Nothing in this section shall be read as intended to prevent or restrict the operation of any law of a State or Territory under which:
(a) action may be taken to prevent a child from leaving Australia or being taken or sent outside Australia; or
(b) a person may be punished in respect of the taking or sending of a child outside Australia.


(9) In this section:
"child" means a person who has not attained the age of 18 years;
"master", in relation to a vessel, means the person in charge or command of the vessel;
"vessel" includes an aircraft.


(10) Where an appeal against a decision of a court in particular proceedings has been instituted and is pending, those proceedings shall, for the purposes of subsection (2), be taken to be pending.

FAMILY LAW ACT 1975 - DIVISION 12A
Division 12A - Allegations of Child Abuse

FAMILY LAW ACT 1975 - SECT 70BA
Allegation by party to proceedings

SECT

70BA. (1) This section applies where a party to proceedings under this Act alleges that a child to whom the proceedings relate has been abused or is at risk of being abused.


(2) The party must file a notice in the prescribed form in the court hearing the proceedings, and serve a true copy of the notice upon the person who is alleged to have abused the child or from whom the child is alleged to be at risk of abuse.


(3) Where a notice under subsection (2) is filed in a court, the Registrar must, as soon as practicable, notify a prescribed child welfare authority.


(4) In this section:
"prescribed form" means the form prescribed by the Rules;
"Registrar" means:
(a) in relation to the Family Court, or the Family Court of Western Australia - the Registrar, or a Deputy Registrar, of that Court; and
(b) in relation to any other court - the principal officer of that court.

FAMILY LAW ACT 1975 - SECT 70BB
Court personnel who suspect certain child abuse

SECT

70BB. (1) Where a member of the Court personnel, in the course of carrying out duties, performing functions or exercising powers as a member, has reasonable grounds for suspecting that a child has been abused, or is at risk of being abused, the member must, as soon as practicable, notify a prescribed child welfare authority of his or her suspicion and the basis for the suspicion.


(2) Where a member of the Court personnel, in the course of carrying out duties, performing functions or exercising powers as a member, has reasonable grounds for suspecting that a child:
(a) has been ill treated, or is at risk of being ill treated; or
(b) has been exposed or subjected, or is at risk of being exposed or subjected, to behaviour which psychologically harms the child;
the member may notify a prescribed child welfare authority of his or her suspicion and the basis for the suspicion.


(3) A member of the Court personnel need not notify a prescribed child welfare authority of his or her suspicion that a child has been abused, or is at risk of being abused, where the member knows that the authority has previously been notified about the abuse or risk under subsection (1) or subsection 70BA (3), but the member may notify the authority of his or her suspicion.


(4) Where notice under this section is given orally, written notice confirming the oral notice is to be given to the prescribed child welfare authority as soon as practicable after the oral notice.


(5) Where a member of the Court personnel notifies a prescribed child welfare authority under this section or subsection 70BA (3), the member may make such disclosures of other information as the member reasonably believes are necessary to enable the authority to properly manage the matter the subject of the notification.

FAMILY LAW ACT 1975 - SECT 70BC
No liability for notification pursuant to section 70BA or 70BB

SECT

70BC. (1) A member of the Court personnel:
(a) must give notice under subsection 70BA (3) or 70BB (1); or
(b) may give notice under subsection 70BB (2) or (3); or
(c) may disclose other information under subsection 70BB (5);
in spite of any obligation of confidentiality imposed on the member by this Act, another Act, another law or anything else (including a contract or professional ethics).


(2) A member of the Court personnel is not liable in civil or criminal proceedings, and is not to be considered to have breached any professional ethics, in respect of a notification under subsection 70BA (3) or 70BB (1).


(3) A member of the Court personnel is not liable in civil or criminal proceedings, and is not to be considered to have breached any professional ethics, in respect of a notification under subsection 70BB (2) or (3), or a disclosure under subsection 70BB (5), where the notification or disclosure is made in good faith.


(4) Evidence of a notification under subsection 70BA (3) or subsection 70BB (1), (2) or (3), or a disclosure under subsection 70BB (5), is not admissible in any court except where that evidence is given by the member who made the notification or disclosure.


(5) In this section:
"court" means a court (whether or not exercising jurisdiction under this Act) and includes a tribunal or other body concerned with professional ethics.

FAMILY LAW ACT 1975 - DIVISION 13
Division 13 - Injunctions

FAMILY LAW ACT 1975 - SECT 70C
Injunctions

SECT

70C. (1) Where proceedings are instituted in a court having jurisdiction under this Part for an injunction in relation to a child, the court may make such order or grant such injunction as it considers appropriate for the welfare of the child, including:
(a) an injunction for the personal protection of the child;
(b) an injunction for the personal protection of a person who is entitled to the custody or guardianship of, or to access to, the child;
(c) an injunction restraining a person from entering or remaining in:
(i) a place of residence, employment or
education of the child; or
(ii) a specified area that contains a place of a kind referred to in
subparagraph (i); and
(d) an injunction restraining a person from entering or remaining in:
(i) a place of residence, employment or education of a person who is
entitled to the custody or guardianship of, or to access to, the child; or
(ii) a specified area that contains a place of a kind referred to in
subparagraph (i).


(2) A court exercising jurisdiction under this Act in any proceedings (other than proceedings to which subsection (1) applies) may grant an injunction in relation to a child, by interlocutory order or otherwise, in any case in which it appears to the court to be just or convenient t o do so.


(3) An injunction under this section may be granted unconditionally or on such terms and conditions as the court considers appropriate.

FAMILY LAW ACT 1975 - SECT 70D
Powers of arrest

SECT

70D. (1) Where:
(a) an injunction is in force under section 70C for the personal protection of a person; and
(b) a police officer believes, on reasonable grounds, that the person against whom the injunction is directed (in this section called the "respondent") has, since the injunction was granted, breached the injunction by causing, or threatening to cause, bodily harm to the person referred to in paragraph (a);
the police officer may arrest the respondent without warrant.


(2) Subsections 114AA (3), (4), (5) and (7) apply in relation to a person arrested under this section as if:
(a) the person had been arrested under subsection 114AA (1) because he or she was believed to have breached an injunction that had been granted under section 114; and
(b) the person on whose application the injunction was granted under section 70C were the person on whose application the injunction under section 114 had been granted.

FAMILY LAW ACT 1975 - DIVISION 14
Division 14 - Miscellaneous

FAMILY LAW ACT 1975 - SECT 70E
Institution of maintenance proceedings by authorised authority or person

SECT

70E. The regulations may make provision with respect to authorising a prescribed authority of the Commonwealth or of a State or Territory, or the person from time to time holding or acting in a prescribed office established under a law of the Commonwealth or of a State or Territory, to institute and prosecute, in the discretion of the authority or person, proceedings in relation to the maintenance of a child on behalf of the child.

FAMILY LAW ACT 1975 - SECT 70F
Certain instruments not liable to duty

SECT

70F. (1) The following agreements, deeds and other instruments are not subject to any duty or charge under any law of a State or Territory or any law of the Commonwealth that applies only in relation to a Territory:
(a) a deed or other instrument executed by a person under, or for the purposes of, an order made under this Part;
(b) an eligible child agreement that confers a benefit in relation to a child, to the extent to which the agreement confers the benefit;
(c) a deed or other instrument:
(i) that is executed by a person under, or for the purposes of, an
eligible child agreement; and
(ii) that confers a benefit in relation to a child;
to the extent to which it confers the benefit.


(2) A child agreement is an eligible child agreement for the purposes of this section if:
(a) it has been registered under section 66ZC; and
(b) it is not a maintenance agreement or, if it is a maintenance agreement, it relates to a child who is not a child of the relevant marriage; and
(c) it is a child agreement of either of the following kinds:
(i) a child agreement made in connection with the breakdown of the de
facto relationship to which the agreement relates;
(ii) a child agreement (other than a child agreement falling within
subparagraph (i)) that relates to a child whose parents were not:
(A) married to each other; or
(B) living with each other in a de facto relationship;
at the time the child was conceived.


(3) For the purposes of this section, a child agreement, deed or other instrument that confers an entitlement to property in relation to a child may be taken to confer a benefit in relation to the child even though the agreement, deed or other instrument also deprives the child or another person of an entitlement to other property (being property of an equal or greater value) in relation to the child.


(4) In this section, a reference to the de facto relationship to which a child agreement relates is a reference to the de facto relationship the parties to which are parties to the agreement.

FAMILY LAW ACT 1975 - PART VIII
PART VIII - PROPERTY, SPOUSAL MAINTENANCE AND MAINTENANCE AGREEMENTS

FAMILY LAW ACT 1975 - SECT 71
Interpretation

SECT

71. In this Part:
"marriage" includes a void marriage;
"re-marriage", in relation to a person who was a party to a purported marriage that is void, means marriage.

FAMILY LAW ACT 1975 - SECT 72
Right of spouse to maintenance

SECT

72. A party to a marriage is liable to maintain the other party, to the extent that the first-mentioned party is reasonably able to do so, if, and only if, that other party is unable to support herself or himself adequately whether:
(a) by reason of having the care and control of a child of the marriage who has not attained the age of 18 years;
(b) by reason of age or physical or mental incapacity for appropriate gainful employment; or
(c) for any other adequate reason;
having regard to any relevant matter referred to in subsection 75 (2).

FAMILY LAW ACT 1975 - SECT 74
Power of court in spousal maintenance proceedings

SECT

74. In proceedings with respect to the maintenance of a party to a marriage, the court may make such order as it considers proper for the provision of maintenance in accordance with this Part.

FAMILY LAW ACT 1975 - SECT 75
Matters to be taken into consideration in relation to spousal maintenance

SECT

75. (1) In exercising jurisdiction under section 74, the court shall take into account only the matters referred to in subsection (2).


(2) The matters to be so taken into account are:
(a) the age and state of health of each of the parties;
(b) the income, property and financial resources of each of the parties and the physical and mental capacity of each of them for appropriate gainful employment;
(c) whether either party has the care or control of a child of the marriage who has not attained the age of 18 years;
(d) commitments of each of the parties that are necessary to enable the party to support:
(i) himself or herself; and
(ii) a child or another person that the party has a duty to maintain;
(e) the responsibilities of either party to support any other person;
(f) subject to subsection (3), the eligibility of either party for a pension, allowance or benefit under:
(i) any law of the Commonwealth, of a State or
Territory or of another country; or
(ii) any superannuation fund or scheme, whether the fund or scheme
was established, or operates, within or outside Australia;
and the rate of any such pension, allowance or benefit being paid to either party;
(g) where the parties have separated or the marriage has been dissolved, a standard of living that in all the circumstances is reasonable;
(h) the extent to which the payment of maintenance to the party whose maintenance is under consideration would increase the earning capacity of that party by enabling that party to undertake a course of education or training or to establish himself or herself in a business or otherwise to obtain an adequate income;
(j) the extent to which the party whose maintenance is under consideration has contributed to the income, earning capacity, property and financial resources of the other party;
(k) the duration of the marriage and the extent to which it has affected the earning capacity of the party whose maintenance is under consideration;
(l) the need to protect a party who wishes to continue that party's role as a parent;
(m) if either party is cohabiting with another person - the financial circumstances relating to the cohabitation;
(n) the terms of any order made or proposed to be made under section 79 in relation to the property of the parties;
(na) any child support under the Child Support (Assessment) Act 1989 that a party to the marriage has provided, or is to provide, for a child of the marriage; and
(o) any fact or circumstance which, in the opinion of the court, the justice of the case requires to be taken into account.


(3) In exercising its jurisdiction under section 74, a court shall disregard any entitlement of the party whose maintenance is under consideration to an income tested pension, allowance or benefit.

FAMILY LAW ACT 1975 - SECT 77
Urgent spousal maintenance cases

SECT

77. Where, in proceedings with respect to the maintenance of a party to a marriage, it appears to the court that the party is in immediate need of financial assistance, but it is not practicable in the circumstances to determine immediately what order, if any, should be made, the court may order the payment, pending the disposal of the proceedings, of such periodic sum or other sums as the court considers reasonable.

FAMILY LAW ACT 1975 - SECT 77A
Specification in orders of payments etc. for spouse maintenance purposes

SECT

77A. (1) Where:
(a) a court makes an order under this Act (whether or not the order is made in proceedings in relation to the maintenance of a party to a marriage, is made by consent or varies an earlier order), and the order has the effect of requiring:
(i) payment of a lump sum, whether in one amount or by instalments;
or
(ii) the transfer or settlement of property; and
(b) the purpose, or one of the purposes, of the payment, transfer or settlement is to make provision for the maintenance of a party to a marriage;
the court shall:
(c) express the order to be an order to which this section applies; and
(d) specify the portion of the payment, or the value of the portion of the property, attributable to the provision of maintenance for the party.


(2) Where:
(a) a court makes an order of a kind referred to in paragraph (1) (a); and
(b) the order:
(i) is not expressed to be an order to which this section applies; or
(ii) is expressed to be an order to which this section applies, but
does not comply with paragraph (1) (d);
any payment, transfer or settlement of a kind referred to in paragraph (1) (a), that the order has the effect of requiring, shall be taken not to make provision for the maintenance of a party to the relevant marriage.

FAMILY LAW ACT 1975 - SECT 78
Declaration of interests in property

SECT

78. (1) In proceedings between the parties to a marriage with respect to existing title or rights in respect of property, the court may declare the title or rights, if any, that a party has in respect of the property.


(2) Where a court makes a declaration under subsection (1), it may make consequential orders to give effect to the declaration, including orders as to sale or partition and interim or permanent orders as to possession.

FAMILY LAW ACT 1975 - SECT 79
Alteration of property interests

SECT

79. (1) In proceedings with respect to the property of the parties to a marriage or either of them, the court may make such order as it considers appropriate altering the interests of the parties in the property, including an order for a settlement of property in substitution for any interest in the property and including an order requiring either or both of the parties to make, for the benefit of either or both of the parties or a child of the marriage, such settlement or transfer of property as the court determines.


(1A) An order made under subsection (1) in proceedings with respect to the property of the parties to a marriage or either of them may, after the death of a party to the proceedings, be enforced on behalf of, or against, as the case may be, the estate of the deceased party.


(1B) The court may adjourn proceedings with respect to the property of the parties to a marriage or either of them, except where the parties to the proceedings are:
(a) parties to concurrent, pending or completed proceedings for principal relief;
(b) parties to a marriage that has been dissolved or annulled under the law of an overseas country, where that dissolution or annulment is recognized as valid in Australia under section 104; or
(c) parties to a marriage who have been granted a legal separation under the law of an overseas country, where that legal separation is recognized as valid in Australia under section 104;
on such terms and conditions as it considers appropriate, for such period as it considers necessary to enable the parties to the proceedings to consider the likely effects (if any) of an order under this section on the marriage or the children of the marriage, but nothing in this subsection shall be taken to limit any other power of the court to adjourn such proceedings.


(1C) Where the period for which a court has adjourned proceedings with respect to the property of the parties to a marriage or either of them as provided by subsection (1B) has not expired and:
(a) proceedings for principal relief are instituted by one or both of those parties;
(b) the marriage is dissolved or annulled under the law of an overseas country and the dissolution or annulment is recognized as valid in Australia under section 104; or
(c) the parties are granted a legal separation under the law of an overseas country and the legal separation is recognized as valid in Australia under section 104;
either party to the first-mentioned proceedings may apply to the court for the hearing of those proceedings to be continued.


(2) The court shall not make an order under this section unless it is satisfied that, in all the circumstances, it is just and equitable to make the order.


(4) In considering what order (if any) should be made under this section in proceedings with respect to any property of the parties to a marriage or either of them, the court shall take into account:
(a) the financial contribution made directly or indirectly by or on behalf of a party to the marriage or a child of the marriage to the acquisition, conservation or improvement of any of the property of the parties to the marriage or either of them, or otherwise in relation to any of that last-mentioned property, whether or not that last-mentioned property has, since the making of the contribution, ceased to be the property of the parties to the marriage or either of them;
(b) the contribution (other than a financial contribution) made directly or indirectly by or on behalf of a party to the marriage or a child of the marriage to the acquisition, conservation or improvement of any of the property of the parties to the marriage or either of them, or otherwise in relation to any of that last-mentioned property, whether or not that last-mentioned property has, since the making of the contribution, ceased to be the property of the parties to the marriage or either of them;
(c) the contribution made by a party to the marriage to the welfare of the family constituted by the parties to the marriage and any children of the marriage, including any contribution made in the capacity of homemaker or parent;
(d) the effect of any proposed order upon the earning capacity of either party to the marriage;
(e) the matters referred to in subsection 75 (2) so far as they are relevant;
(f) any other order made under this Act affecting a party to the marriage or a child of the marriage; and
(g) any child support under the Child Support (Assessment) Act 1989 that a party to the marriage has provided, or is to provide, for a child of the marriage.


(5) Without limiting the power of any court to grant an adjournment in proceedings under this Act, where, in proceedings with respect to the property of the parties to a marriage or either of them, a court is of the opinion:
(a) that there is likely to be a significant change in the financial circumstances of the parties to the marriage or either of them and that, having regard to the time when that change is likely to take place, it is reasonable to adjourn the proceedings; and
(b) that an order that the court could make with respect to the property of the parties to the marriage or either of them if that significant change in financial circumstances occurs is more likely to do justice as between the parties to the marriage than an order that the court could make immediately with respect to the property of the parties to the marriage or either of them;
the court may, if so requested by either party to the marriage, adjourn the proceedings until such time, before the expiration of a period specified by the court, as that party to the marriage applies for the proceedings to be determined, but nothing in this subsection requires the court to adjourn any proceedings in any particular circumstances.


(6) Where a court proposes to adjourn proceedings as provided by subsection (5), the court may, before so adjourning the proceedings, make such interim order or orders or such other order or orders (if any) as it considers appropriate with respect to any of the property of the parties to the marriage or of either of them.


(7) The court may, in forming an opinion for the purposes of subsection (5) as to whether there is likely to be a significant change in the financial circumstances of either or both of the parties to the marriage, have regard to any change in the financial circumstances of a party to the marriage that may occur by reason that the party to the marriage:
(a) is a contributor to a superannuation fund or scheme, or participates in any scheme or arrangement that is in the nature of a superannuation scheme; or
(b) may become entitled to property as the result of the exercise in his or her favour, by the trustee of a discretionary trust, of a power to distribute trust property;
but nothing in this subsection shall be taken to limit the circumstances in which the court may form the opinion that there is likely to be a significant change in the financial circumstances of a party to the marriage.


(8) Where, before proceedings with respect to the property of the parties to a marriage or either of them are completed, either party to the proceedings dies:
(a) the proceedings may be continued by or against, as the case may be, the legal personal representative of the deceased party and the Rules of Court may make provision in relation to the substitution of the legal personal representative as a party to the proceedings;
(b) if the court is of the opinion:
(i) that it would have made an order with respect to property if the
deceased party had not died; and
(ii) that it is still appropriate to make an order with respect to
property;
the court may make such order as it considers appropriate with respect to any of the property of the parties to the marriage or either of them; and
(c) an order made by the court pursuant to paragraph (b) may be enforced on behalf of, or against, as the case may be, the estate of the deceased party.


(9) The Family Court, or a Family Court of a State, shall not make an order under this section in proceedings with respect to the property of the parties to a marriage or either of them (other than an order until further order or an order made with the consent of all the parties to the proceedings) unless:
(a) the parties to the proceedings have attended a conference in relation to the matter to which the proceedings relate with a Registrar or Deputy Registrar of the Family Court, or a Registrar or Deputy Registrar of the Family Court of that State, as the case may be;
(b) the court is satisfied that, having regard to the need to make an order urgently, or to any other special circumstance, it is appropriate to make the order notwithstanding that the parties to the proceedings have not attended a conference as mentioned in paragraph (a); or
(c) the court is satisfied that it is not practicable to require the parties to the proceedings to attend a conference as mentioned in paragraph (a).

FAMILY LAW ACT 1975 - SECT 79A
Setting aside of orders altering property interests

SECT

79A. (1) Where, on application by a person affected by an order made by a court under section 79 in proceedings with respect to the property of the parties to a marriage or either of them, the court is satisfied that:
(a) there has been a miscarriage of justice by reason of fraud, duress, suppression of evidence, the giving of false evidence or any other circumstance;
(b) in the circumstances that have arisen since the order was made it is impracticable for the order to be carried out or impracticable for a part of the order to be carried out;
(c) a person has defaulted in carrying out an obligation imposed on the person by the order and, in the circumstances that have arisen as a result of that default, it is just and equitable to vary the order or to set the order aside and make another order in substitution for the order; or
(d) in the circumstances that have arisen since the making of the order, being circumstances of an exceptional nature relating to the welfare of a child of the marriage, the child or, where the applicant has the custody of the child, the applicant, will suffer hardship if the court does not vary the order or set the order aside and make another order in substitution for the order;
the court may, in its discretion, vary the order or set the order aside and, if it considers appropriate, make another order under section 79 in substitution for the order so set aside.


(1A) A court may, on application by a person affected by an order made by a court under section 79 in proceedings with respect to the property of the parties to a marriage or either of them, and with the consent of all the parties to the proceedings in which the order was made, vary the order or set the order aside and, if it considers appropriate, make another order under section 79 in substitution for the order so set aside.


(1B) An order varied or made under subsection (1) or (1A) may, after the death of a party to the proceedings in which the order was so varied or made, be enforced on behalf of, or against, as the case may be, the estate of the deceased party.


(1C) Where, before proceedings under this section in relation to an order made under section 79 are completed, either party to the proceedings dies:
(a) the proceedings may be continued by or against, as the case may be, the legal personal representative of the deceased party and the Rules of Court may make provision in relation to the substitution of the legal personal representative as a party to the proceedings;
(b) if the court is of the opinion:
(i) that it would have exercised its powers under subsection (1) or
(1A) in relation to the order if the deceased party had not died; and
(ii) that it is still appropriate to exercise its powers under
subsection (1) or (1A) in relation to the order;
the court may vary the order, set the order aside, or set the order aside and make another order under section 79 in substitution for the order so set aside; and
(c) an order varied or made by the court pursuant to paragraph (b) may be enforced on behalf of, or against, as the case may be, the estate of the deceased party.


(2) In the exercise of its powers under subsection (1), (1A) or (1C), a court shall have regard to the interests of, and shall make any order proper for the protection of, a bona fide purchaser or other person interested.


(3) In this section, a reference to an order made by a court under section 79 includes a reference to an order made by a court under section 86 of the repealed Act.

FAMILY LAW ACT 1975 - SECT 80
General powers of court

SECT

80. (1) The court, in exercising its powers under this Part, may do any or all of the following:
(a) order payment of a lump sum, whether in one amount or by instalments;
(b) order payment of a weekly, monthly, yearly or other periodic sum;
(ba) order that a specified transfer or settlement of property be made by way of maintenance for a party to a marriage;
(c) order that payment of any sum ordered to be paid be wholly or partly secured in such manner as the court directs;
(d) order that any necessary deed or instrument be executed and that such documents of title be produced or such other things be done as are necessary to enable an order to be carried out effectively or to provide security for the due performance of an order;
(e) appoint or remove trustees;
(f) order that payments be made direct to a party to the marriage, to a trustee to be appointed or into court or to a public authority for the benefit of a party to the marriage;
(h) make a permanent order, an order pending the disposal of proceedings or an order for a fixed term or for a life or during joint lives or until further order;
(i) impose terms and conditions;
(j) make an order by consent;
(k) make any other order (whether or not of the same nature as those mentioned in the preceding paragraphs of this section), which it thinks it is necessary to make to do justice; and
(l) subject to this Act, make an order under this Part at any time before or after the making of a decree under another Part.


(2) The making of an order of a kind referred to in paragraph (1) (ba), or of any other order under this Part, in relation to the maintenance of a party to a marriage does not prevent a court from making a subsequent order in relation to the maintenance of the party.


(3) The Rules of Court may make provision with respect to the making of orders under this Part in relation to the maintenance of parties to marriages (whether as to their form or otherwise) for the purpose of facilitating their enforcement and the collection of maintenance payable under them.

FAMILY LAW ACT 1975 - SECT 81
Duty of court to end financial relations

SECT

81. In proceedings under this Part, other than proceedings under section 78 or proceedings with respect to maintenance payable during the subsistence of a marriage, the court shall, as far as practicable, make such orders as will finally determine the financial relationships between the parties to the marriage and avoid further proceedings between them.

FAMILY LAW ACT 1975 - SECT 82
Cessation of spousal maintenance orders

SECT

82. (1) An order with respect to the maintenance of a party to a marriage ceases to have effect upon the death of the party.


(2) Subject to subsection (3), an order with respect to the maintenance of a party to a marriage ceases to have effect upon the death of the person liable to make payments under the order.


(3) Subsection (2) does not apply in relation to an order made before the date of commencement of section 38 of the Family Law Amendment Act 1983 if the order is expressed to continue in force throughout the life of the person for whose benefit the order was made or for a period that had not expired at the time of the death of the person liable to make payments under the order and, in that case, the order is binding upon the legal personal representative of the deceased person.


(4) An order with respect to the maintenance of a party to a marriage ceases to have effect upon the re-marriage of the party unless in special circumstances a court having jurisdiction under this Act otherwise orders.


(6) Where a re-marriage referred to in subsection (4) takes place, it is the duty of the person for whose benefit the order was made to inform without delay the person liable to make payments under the order of the date of the re-marriage.


(7) Any moneys paid in respect of a period after the event referred to in subsection (4) may be recovered in a court having jurisdiction under this Act.


(8) Nothing in this section affects the recovery of arrears due under an order at the time when the order ceased to have effect.

FAMILY LAW ACT 1975 - SECT 83
Modification of spousal maintenance orders

SECT

83. (1) In proceedings with respect to the maintenance of a party to a marriage, if there is in force an order (whether made before or after the commencement of this Act) with respect to the maintenance of that party by the other party to the marriage:
(a) made by the court; or
(b) made by another court and registered in the first-mentioned court in accordance with the Rules of Court;
the court may:
(c) discharge the order if there is any just cause for so doing;
(d) suspend its operation wholly or in part and either until further order or until a fixed time or the happening of some future event;
(e) revive wholly or in part an order suspended under paragraph (d); or
(f) subject to subsection (2), vary the order so as to increase or decrease any amount ordered to be paid or in any other manner.


(2) The court shall not make an order increasing or decreasing an amount ordered to be paid by an order unless it is satisfied:
(a) that, since the order was made or last varied:
(i) the circumstances of a person for whose benefit the order was
made have so changed;
(ii) the circumstances of the person liable to make payments under
the order have so changed; or
(iii) in the case of an order that operates in favour of, or is
binding on, a legal personal representative - the circumstances of the estate are such;
as to justify its so doing;
(b) that, since the order was made, or last varied, the cost of living has changed to such an extent as to justify its so doing;
(ba) in a case where the order was made by consent - that the amount ordered to be paid is not proper or adequate;
(c) that material facts were withheld from the court that made the order or from a court that varied the order or material evidence previously given before such a court was false.


(3) Subsection (2) does not prevent the court from making an order varying an order made before the date of commencement of this Act if the first-mentioned order is made for the purpose of giving effect to this Part.


(4) In satisfying itself for the purposes of paragraph (2) (b), the court shall have regard to any changes that have occurred in the Consumer Price Index published by the Australian Statistician.


(5) The court shall not, in considering the variation of an order, have regard to a change in the cost of living unless at least 12 months have elapsed since the order was made or was last varied having regard to a change in the cost of living.


(5A) In satisfying itself for the purposes of paragraph (2) (ba), the court shall have regard to any payments, and any transfer or settlement of property, previously made by a party to the marriage to:
(a) the other party; or
(b) any other person for the benefit of the other party.


(6) An order decreasing the amount of a periodic sum payable under an order or discharging an order may be expressed to be retrospective to such date as the court considers appropriate.


(6A) Where, as provided by subsection (6), an order decreasing the amount of a periodic sum payable under an order is expressed to be retrospective to a specified date, any moneys paid under the second-mentioned order since the specified date, being moneys that would not have been required to be paid under the second-mentioned order as varied by the first-mentioned order, may be recovered in a court having jurisdiction under this Act.


(6B) Where, as provided by subsection (6), an order discharging an order is expressed to be retrospective to a specified date, any moneys paid under the second-mentioned order since the specified date may be recovered in a court having jurisdiction under this Act.


(7) For the purposes of this section, the court shall have regard to the provisions of sections 72 and 75.


(8) The discharge of an order does not affect the recovery of arrears due under the order at the time as at which the discharge takes effect.

FAMILY LAW ACT 1975 - SECT 84
Execution of instruments by order of court

SECT

84. (1) Where:
(a) an order under this Act has directed a person to execute a deed or instrument; and
(b) that person has refused or neglected to comply with the direction or, for any other reason, the court considers it necessary to exercise the powers of the court under this subsection;
the court may appoint an officer of the court or other person to execute the deed or instrument in the name of the person to whom the direction was given and to do all acts and things necessary to give validity and operation to the deed or instrument.


(1A) Where:
(a) a provision of a maintenance agreement that has been registered under section 86 or approved by a court under section 87 requires a person to execute a deed or instrument; and
(b) that person has refused or neglected to comply with that provision of the maintenance agreement or, for any other reason, the court considers it necessary to exercise the powers of the court under this subsection;
the court may appoint an officer of the court or other person to execute the deed or instrument in the name of the person required by that provision of the maintenance agreement to execute the deed or instrument and to do all acts and things necessary to give validity and operation to the deed or instrument.


(2) The execution of a deed or instrument by a person appointed under this section to execute that deed or instrument has the same force and validity as if the deed or instrument had been executed by the person directed by an order referred to in paragraph (1) (a), or required by a provision of a maintenance agreement referred to in paragraph (1A) (a), to execute it.


(3) The court may make such order as it considers just as to the payment of the costs and expenses of and incidental to the preparation of the deed or instrument and its execution.

FAMILY LAW ACT 1975 - SECT 85
Transactions to defeat claims

SECT

85. (1) In proceedings under this Act, the court may set aside or restrain the making of an instrument or disposition by or on behalf of, or by direction or in the interest of, a party, which is made or proposed to be made to defeat an existing or anticipated order in those proceedings or which, irrespective of intention, is likely to defeat any such order.


(2) The court may order that any money or real or personal property dealt with by any such instrument or disposition may be taken in execution or charged with the payment of such sums for costs or maintenance as the court directs, or that the proceeds of a sale shall be paid into court to abide its order.


(3) The court shall have regard to the interests of, and shall make any order proper for the protection of, a bona fide purchaser or other person interested.


(4) A party or a person acting in collusion with a party may be ordered to pay the costs of any other party or of a bona fide purchaser or other person interested of and incidental to any such instrument or disposition and the setting aside or restraining of the instrument or disposition.


(5) In this section, "disposition" includes a sale and a gift.

FAMILY LAW ACT 1975 - SECT 85A
Ante-nuptial and post-nuptial settlements

SECT

85A. (1) The court may, in proceedings under this Act, make such order as the court considers just and equitable with respect to the application, for the benefit of all or any of the parties to, and the children of, the marriage, of the whole or part of property dealt with by ante-nuptial or post-nuptial settlements made in relation to the marriage.


(2) In considering what order (if any) should be made under subsection (1), the court shall take into account the matters referred to in subsection 79 (4) so far as they are relevant.

FAMILY LAW ACT 1975 - SECT 86
Registered maintenance agreements

SECT

86. (1) A maintenance agreement other than an agreement to which section 87 applies may be registered, as prescribed by the Rules of Court, in any court having jurisdiction under this Act.


(2) Section 66N applies in relation to the variation of a maintenance agreement registered under subsection (1), in so far as the agreement makes provision for the maintenance of a child of the relevant marriage, as if the agreement were an order made by consent under Part VII by the court in which the agreement is registered.


(2A) Section 83 applies in relation to the variation of a maintenance agreement registered under subsection (1), in so far as the agreement makes provision for the maintenance of a party to the relevant marriage, as if the agreement were an order made by consent under this Act by the court in which the agreement is registered.


(3) The court in which a maintenance agreement is registered under subsection (1) may set aside the agreement if, and only if, the court is satisfied that the concurrence of a party was obtained by fraud or undue influence or that the parties desire the agreement to be set aside.


(3A) Where a maintenance agreement has been registered under subsection (1), then:
(a) unless the agreement otherwise provides, the agreement (other than a provision in the agreement providing for the payment by way of maintenance of a periodic sum) continues to operate notwithstanding the death of a party to the agreement and operates in favour of, and is binding on, the legal personal representative of that party; and
(b) if the agreement so provides, a provision in the agreement providing for the payment to a person by way of maintenance of a periodic sum continues to operate notwithstanding the death of any party to the agreement who is liable to make payments pursuant to that provision and is binding on the legal personal representative of that party but, notwithstanding any provision in the agreement, does not continue to operate after the death of the person who is entitled to receive those payments.


(3B) Where:
(a) a maintenance agreement is, at any time, registered under subsection (1); and
(b) the maintenance agreement makes provision for the maintenance of a child; and
(c) an application could properly be made, at that time, under the Child Support (Assessment) Act 1989 by one of the parties to the agreement for administrative assessment of child support (within the meaning of that Act) for the child, seeking payment of the child support by the other party to the agreement (whether or not such an application has in fact been made by the party or by another person);
the maintenance agreement, so far as it makes provision for the maintenance of the child, has no effect and is not enforceable in any way.


(4) Subject to section 89, this section does not apply to overseas maintenance agreements.

FAMILY LAW ACT 1975 - SECT 87
Operation of maintenance agreements entered into in substitution for
rights under Act

SECT

87. (1) Subject to this section, a maintenance agreement may make provision to the effect that the agreement shall operate, in relation to the financial matters dealt within the agreement, in substitution for any rights of the parties to the agreement under this Part.


(2) Where a maintenance agreement makes provision as mentioned in subsection (1), the maintenance agreement has no effect, and is not enforceable in any way, unless it has been approved by the court.


(3) In proceedings for the approval of a maintenance agreement, if the court is satisfied that the provisions of the agreement with respect to financial matters are proper, the court shall, by order, approve the agreement, but if the court is not so satisfied, it shall, by order, refuse to approve the agreement.


(4) Where a maintenance agreement that makes provision as mentioned in subsection (1) is approved by the court:
(a) any order having effect under this Part or any order made under Part VIII of the repealed Act and continued in effect by virtue of paragraph 3 (2) (c) ceases to have effect in so far as it relates to the financial matters dealt with in the agreement and, whether or not the approval of the agreement is revoked, has no further effect; and
(b) subject to subsections (4A) to (4C) (inclusive), no court having jurisdiction under this Act may make an order (other than an order under this section or an order in connection with the enforcement of the agreement) with respect to those financial matters unless the approval of the agreement is revoked.


(4A) The approval, after the commencement of this subsection, of a maintenance agreement under this section does not exclude or limit the power of a court having jurisdiction under this Act to make an order in relation to the maintenance of a party to the relevant marriage if the court is satisfied that, at the time the agreement was approved, the circumstances of the party were such that, taking into account the terms and effect of the agreement, the party would have been unable to support himself or herself without an income tested pension, allowance or benefit.


(4B) Where subsection (4A) applies in relation to an approved maintenance agreement, section 83 applies in relation to the variation of the agreement, in so far as the agreement makes provision for the maintenance of a party to the marriage, as if the agreement were an order made by consent under this Act by a court in which the agreement is registered or deemed to be registered.


(4C) The approval, whether before or after the commencement of this subsection, of a maintenance agreement under this section does not exclude or limit the power of a court having jurisdiction under Part VII to make any order under that Part in relation to a child of the relevant marriage and, where the agreement makes provision for the maintenance of a child of the marriage, section 66N applies in relation to the variation of the agreement, in so far as it makes that provision, as if the agreement were an order made by consent under that Part by a court in which the agreement is registered or deemed to be registered.


(4D) Where:
(a) a maintenance agreement that makes provision as mentioned in subsection (1) is, at any time, approved by the court; and
(b) the maintenance agreement makes provision for the maintenance of a child; and
(c) an application could properly be made, at that time, under the Child Support (Assessment) Act 1989 by one of the parties to the agreement for administrative assessment of child support (within the meaning of that Act) for the child seeking payment of the child support by the other party to the agreement (whether or not such an application has in fact been made by the party or by another person);
the maintenance agreement, so far as it makes provision for the maintenance of the child, has no effect and is not enforceable in any way.


(5) Notwithstanding any rule of law or equity, an approved maintenance agreement shall not be taken to be void, voidable or unenforceable by reason that it makes provision as mentioned in subsection (1).


(6) Where a court has approved a maintenance agreement, the agreement shall be deemed to be registered in that court.


(7) An agreement that is by virtue of subsection (6) deemed to be registered in a court may be registered, as prescribed by the Rules of Court, in another court having jurisdiction under this Act.


(8) A court may, by order, revoke the approval of a maintenance agreement under this section if, and only if, the agreement is registered or deemed to be registered in that court and the court is satisfied that:
(a) the approval was obtained by fraud;
(b) the parties to the agreement desire the revocation of the approval;
(c) the agreement is void, voidable or unenforceable; or
(d) in the circumstances that have arisen since the agreement was approved it is impracticable for the agreement to be carried out or impracticable for a part of the agreement to be carried out.


(9) Where the approval of a maintenance agreement under this section is revoked by a court:
(a) the agreement ceases, for all purposes, to be in force; and
(b) the court may, in proceedings for the revocation of the approval or on application by a party to the agreement or any other interested person, make such order or orders (including an order for the transfer of property) as it considers just and equitable for the purpose of preserving or adjusting the rights of the parties to the agreement and any other interested persons;
and, in exercising its powers under paragraph (b), the court shall have regard to the ground on which it revoked the approval of the agreement.


(10) Where a maintenance agreement has been approved by a court as provided by this section, then:
(a) unless the agreement otherwise provides, the agreement (other than a provision in the agreement providing for the payment by way of maintenance of a periodic sum) continues to operate notwithstanding the death of a party to the agreement and operates in favour of, and is binding on, the legal personal representative of that party; and
(b) if the agreement so provides, a provision in the agreement providing for the payment to a person by way of maintenance of a periodic sum continues to operate notwithstanding the death of any party to the agreement who is liable to make payments pursuant to that provision and is binding on the legal personal representative of that party but, notwithstanding any provision in the agreement, does not continue to operate after the death of the person who is entitled to receive those payments.


(11) Apart from the provision made by subsections (2), (4A), (4C), (5), (9) and (10), the validity, enforceability and effect of an approved maintenance agreement shall be determined by the court according to the principles of law and equity that are applicable in determining the validity, enforceability and effect of contracts and purported contracts, and, in proceedings of the kind referred to in subparagraph (ea) (iii) of the definition of "matrimonial cause" in subsection 4 (1), being proceedings instituted in a court in which the approved maintenance agreement is registered or deemed to be registered, the court:
(a) subject to paragraph (b), has the same powers, may grant the same remedies and shall have the same regard to the rights of third parties as the High Court has, may grant and is required to have in proceedings in connection with contracts or purported contracts, being proceedings in which the High Court has original jurisdiction;
(b) has power to make an order for the payment, by a party to the agreement to another party to the agreement, of interest on an amount payable pursuant to the agreement, from the time when the amount became or becomes due and payable, at a rate not exceeding the rate prescribed by the Rules of the Court; and
(c) in addition to, or instead of, making an order or orders pursuant to paragraph (a) or (b), may order that the agreement, or a specified part of the agreement, be enforced as if it were an order of the court.


(12) Where the approval of a maintenance agreement under this section has been revoked, a court shall, in considering whether, and if so, how, to exercise any powers under this Part, have regard to:
(a) anything done or omitted to be done by a party to the agreement pursuant to the agreement;
(b) any change in the circumstances of a party to the agreement arising out of the doing of any act by a person, or the failure of a person to do an act, pursuant to the agreement;
(c) any order made by that court or another court exercising jurisdiction under this Act in connection with the agreement while the agreement was in force; and
(d) any order made under paragraph (9) (b) in connection with the revocation of the approval of the agreement.


(15) In this section, "approved maintenance agreement" means a maintenance agreement that has been approved under this section and the approval of which has not been revoked.


(16) Nothing in this Act affects the operation of an agreement sanctioned under paragraph 87 (1) (k) of the repealed Act or the rights and obligations of a person under such an agreement.


(17) Subject to section 89, this section does not apply to overseas maintenance agreements.

FAMILY LAW ACT 1975 - SECT 87A
Specification in maintenance agreements of payments etc. for maintenance
purposes

SECT

87A. (1) Where:
(a) a maintenance agreement (whether or not registered under section 86 or approved under section 87) has the effect of requiring:
(i) payment of a lump sum, whether in one amount or by instalments;
or
(ii) the transfer or settlement of property; and
(b) the purpose, or one of the purposes, of the payment, transfer or settlement is to make provision for the maintenance of a party to a marriage or a child or children of a marriage;
the agreement shall:
(c) state that the agreement is an agreement to which this section applies; and
(d) specify:
(i) the person or persons for whose maintenance provision is made by
the payment, transfer or settlement; and
(ii) the portion of the payment, or the value of the portion of the
property, attributable to the provision of maintenance for that person or each of those persons, as the case may be.


(2) Where a maintenance agreement of a kind referred to in paragraph (1) (a):
(a) does not state that the agreement is an agreement to which this section applies; or
(b) states that the agreement is an agreement to which this section applies, but does not comply with paragraph (1) (d);
any payment, transfer or settlement of a kind referred to in paragraph (1) (a), that the agreement has the effect of requiring, shall be taken not to make provision for the maintenance of a party to the relevant marriage or of a child of the relevant marriage.

FAMILY LAW ACT 1975 - SECT 88
Enforcement of maintenance agreements

SECT

88. (1) A maintenance agreement that has been registered, or is deemed to have been registered, in a court may be enforced as if it were an order of that court.


(2) Subsection (1) does not apply in relation to maintenance agreements that have been approved under section 87.

FAMILY LAW ACT 1975 - SECT 89
Overseas maintenance agreements

SECT

89. The regulations may make provision for and in relation to:
(a) the application of sections 86 and 87, with such additions, exceptions and modifications as are prescribed, to overseas maintenance agreements; and
(b) the transmission to appropriate courts or authorities of prescribed overseas jurisdictions of, or of copies of, maintenance agreements and of agreements for maintenance of ex-nuptial children for the purpose of securing the enforcement of those agreements in those jurisdictions.

FAMILY LAW ACT 1975 - SECT 89A
Institution of spousal maintenance proceedings by authority or person

SECT

89A. The regulations may make provision for and in relation to the authorizing of a prescribed authority of the Commonwealth, of a State or of a Territory, or the person for the time being holding a prescribed office under a law of the Commonwealth, of a State or of a Territory, in the discretion of the authority or person, to institute and prosecute proceedings with respect to the maintenance of a party to a marriage, on behalf of that party.

FAMILY LAW ACT 1975 - SECT 90
Certain instruments not liable to duty

SECT

90. (1) The following agreements, deeds and other instruments are not subject to any duty or charge under any law of a State or Territory or any law of the Commonwealth that applies only to or in relation to a Territory:
(a) a deed or other instrument executed by a person for the purposes of, or in accordance with, an order made under this Part;
(b) a relevant maintenance agreement that confers a benefit upon a party to, or a child of, the marriage to which the maintenance agreement relates, to the extent that the maintenance agreement confers that benefit;
(c) a deed or other instrument executed by a person for the purposes of, or in accordance with, a relevant maintenance agreement, being a deed or other instrument that confers a benefit upon a party to, or a child of, the marriage to which the maintenance agreement relates, to the extent that the deed or other instrument confers that benefit.


(2) The following maintenance agreements are relevant maintenance agreements for the purposes of this section:
(a) a registered maintenance agreement made in connection with the dissolution or annulment of the marriage to which the maintenance agreement relates;
(b) a registered maintenance agreement (other than a maintenance agreement referred to in paragraph (a)) made in contemplation of the dissolution or annulment of the marriage to which the maintenance agreement relates;
(c) a registered maintenance agreement (other than a maintenance agreement referred to in paragraph (a) or (b)) made in connection with the breakdown of the marriage to which the maintenance agreement relates;
(d) an approved maintenance agreement made in connection with the dissolution or annulment of the marriage to which the maintenance agreement relates;
(e) an approved maintenance agreement (other than a maintenance agreement referred to in paragraph (d)) made in contemplation of the dissolution or annulment of the marriage to which the maintenance agreement relates;
(f) an approved maintenance agreement (other than a maintenance agreement referred to in paragraph (d) or (e)) made in connection with the breakdown of the marriage to which the maintenance agreement relates.


(3) For the purposes of this section, a maintenance agreement, deed or other instrument that confers an entitlement to property on a person may be taken to confer a benefit upon the person notwithstanding that the maintenance agreement, deed or other instrument also deprives the person of an entitlement to other property of an equal or greater value.


(4) In this section:
(a) "approved maintenance agreement" means a maintenance agreement approved by a court by order under section 87;
(b) "registered maintenance agreement" means a maintenance agreement registered in a court under section 86 or a maintenance agreement that is registered in a court under regulations made pursuant to section 89; and
(c) a reference to the marriage to which a maintenance agreement relates is a reference to the marriage the parties to which are parties to the maintenance agreement.

FAMILY LAW ACT 1975 - PART IX
PART IX - INTERVENTION

FAMILY LAW ACT 1975 - SECT 91
Intervention by Attorney-General

SECT

91. (1) The Attorney-General may intervene in, and contest or argue any question arising in:
(a) any proceedings under this Act where the court requests the Attorney-General to do so or a matter arises that affects the public interest; or
(b) any proceedings under this Act with respect to the custody or guardianship of, or access to, children.


(1A) At any time after a decree nisi has been made in any proceedings and before it has become absolute, the Attorney-General may intervene in the proceedings for the purpose of bringing to the notice of the court matters relevant to the exercise of its powers under section 58.


(2) Where the Attorney-General intervenes in any proceedings, the Attorney-General shall be deemed to be a party to the proceedings with all the rights, duties and liabilities of a party.

FAMILY LAW ACT 1975 - SECT 91A
Delegation by Attorney-General

SECT

91A. (1) Where, in a State, there is a Family Court of the State, the Attorney-General may, either generally or as otherwise provided by the instrument of delegation, by writing, delegate all or any of his or her powers and functions under section 91 in respect of intervention in proceedings in the Family Court of that State and in other courts of that State to the person occupying from time to time, while the delegation is in force, the office of Attorney-General of that State.


(2) A power or function so delegated may be exercised or performed by the delegate in accordance with the instrument of delegation.


(3) A delegation under this section does not prevent the exercise of a power or the performance of a function by the Attorney-General.


(4) Where the Attorney-General of a State intervenes in any proceedings in accordance with a delegation under this section, the Attorney-General of the State shall be deemed to be a party to the proceedings with all the rights, duties and liabilities of a party.

FAMILY LAW ACT 1975 - SECT 91B
Intervention by child welfare officer

SECT

91B. (1) In any proceedings under this Act that affect, or may affect, the welfare of a child, the court may request the intervention in the proceedings of an officer of a State, of a Territory or of the Commonwealth, being the officer who is responsible for the administration of the laws of the State or Territory in which the proceedings are being heard that relate to child welfare.


(2) Where the court has, under subsection (1), requested an officer to intervene in proceedings:
(a) the officer may intervene in those proceedings; and
(b) where the officer so intervenes, the officer shall be deemed to be a party to the proceedings with all the rights, duties and liabilities of a party.

FAMILY LAW ACT 1975 - SECT 92
Intervention by other persons

SECT

92. (1) In proceedings other than proceedings for principal relief, any person may apply for leave to intervene in the proceedings, and the court may make an order entitling that person to intervene in the proceedings.


(1A) In proceedings for principal relief, a person in relation to whom an order has been made under subsection 66W (1) requiring a parentage testing procedure (within the meaning of Part VII) to be carried out may apply for leave to intervene in the proceedings, and the court may make an order entitling the person to intervene in the proceedings.


(2) An order under this section may be made upon such conditions as the court considers appropriate.


(3) Where a person intervenes in any proceedings by leave of the court the person shall, unless the court otherwise orders, be deemed to be a party to the proceedings with all the rights, duties and liabilities of a party.

FAMILY LAW ACT 1975 - SECT 92A
Intervention in child abuse cases

SECT

92A. (1) This section applies to proceedings under this Act in which it has been alleged that a child has been abused or is at risk of being abused.


(2) Each of the following persons is entitled to intervene in the proceedings:
(a) a guardian of the child;
(b) a person who is entitled to the custody of the child;
(c) a person who is responsible for the daily care and control of the child;
(d) a prescribed child welfare authority;
(e) a person who is alleged to have abused the child or from whom the child is alleged to be at risk of abuse.


(3) Where a person intervenes in proceedings pursuant to this section, the person is, unless the court otherwise orders, to be taken to be a party to the proceedings with all the rights, duties and liabilities of a party.

FAMILY LAW ACT 1975 - PART X
PART X - APPEALS

FAMILY LAW ACT 1975 - SECT 93
No appeal after decree absolute

SECT

93. An appeal does not lie from a decree of dissolution of marriage after the decree has become absolute.

FAMILY LAW ACT 1975 - SECT 93A
Appellate jurisdiction of Family Court

SECT

93A. (1) The Family Court has jurisdiction with respect to matters arising under this Act or under any other law made by the Parliament in respect of which:
(a) appeals referred to in section 94 are instituted; or
(b) appeals referred to in section 96 are instituted.


(2) Subject to section 96, in an appeal the Family Court shall have regard to the evidence given in the proceedings out of which the appeal arose and has power to draw inferences of fact and, in its discretion, to receive further evidence upon questions of fact, which evidence may be given by affidavit, by oral examination before the Family Court or a Judge or in such other manner as the Family Court may direct.

FAMILY LAW ACT 1975 - SECT 94
Appeals to Family Court

SECT

94. (1) Subject to section 94AA, an appeal lies to a Full Court of the Family Court from:
(a) a decree of the Family Court, constituted otherwise than as a Full Court, exercising original or appellate jurisdiction:
(i) under this Act; or
(ii) under any other law; or
(b) a decree of:
(i) a Family Court of a State; or
(ii) a Supreme Court of a State or Territory constituted by a single
Judge;
exercising original or appellate jurisdiction under this Act or in proceedings continued in accordance with any of the provisions of section 9.


(1AA) An appeal lies to a Full Court of the Family Court from a decree or decision of a Judge exercising original or appellate jurisdiction under this Act rejecting an application that he or she disqualify himself or herself from further hearing a matter.


(1A) An appeal under subsection (1) or (1AA) shall be instituted within the time prescribed by the Rules of Court or within such further time as is allowed in accordance with the Rules of Court.


(2) Upon such an appeal, the Full Court may affirm, reverse or vary the decree or decision the subject of the appeal and may make such decree or decision as, in the opinion of the court, ought to have been made in the first instance, or may, if he considers appropriate, order a re-hearing, on such terms and conditions, if any, as it considers appropriate.


(3) This section does not apply in relation to a proceeding that is transferred to the Court from the Federal Court of Australia.

FAMILY LAW ACT 1975 - SECT 94AA
Leave to appeal needed in some cases

SECT

94AA. (1) An appeal does not lie to a Full Court of the Family Court from a prescribed decree, except by leave of a Full Court of that Court.


(2) An application for leave is to be determined by a Full Court of the Family Court.


(3) The Rules of Court may make provision for enabling applications for leave to be dealt with, subject to conditions prescribed by the Rules, without an oral hearing.


(4) In this section:
"child welfare matter" has the same meaning as in Part VII;
"prescribed decree" means a decree of the kind mentioned in subsection 94 (1) that is an interlocutory decree, but does not include a decree in relation to a child welfare matter.

FAMILY LAW ACT 1975 - SECT 94A
Case stated

SECT

94A. (1) If, in proceedings in a court, being proceedings in which a decree or decision to which subsection 94 (1) or (1AA) applies could be made, a question of law arises which the Judge and at least one of the parties wish to have determined by a Full Court of the Family Court before the proceedings are further dealt with, the Judge shall state the facts and question in the form of a special case for the opinion of a Full Court, and a Full Court shall hear and determine the question.


(2) The Full Court may draw from the facts and the documents any inference, whether of fact or of law, which could have been drawn from them by the Judge.

FAMILY LAW ACT 1975 - SECT 95
Appeals to High Court

SECT

95. Notwithstanding anything contained in any other Act, an appeal does not lie to the High Court from a decree of a court exercising jurisdiction under this Act, whether original or appellate, except:
(a) by special leave of the High Court; or
(b) upon a certificate of a Full Court of the Family Court that an important question of law or of public interest is involved.

FAMILY LAW ACT 1975 - SECT 96
Appeals from courts of summary jurisdiction

SECT

96. (1) An appeal lies from a decree of a court of summary jurisdiction of a State or Territory exercising jurisdiction under this Act to the Family Court or to the Supreme Court of that State or Territory.


(1A) An appeal under subsection (1) shall be instituted within the time prescribed by the Rules of Court or within such further time as is allowed in accordance with the Rules of Court.


(2) The Supreme Court of each State is invested with federal jurisdiction, and jurisdiction is conferred on the Supreme Court of each Territory, with respect to matters arising under this Act in respect of which appeals are instituted under this section.


(3) The Governor-General may, by Proclamation, fix a date as the date on or after which appeals to the Supreme Court of a specified State or Territory under this section may not be instituted.


(4) The court hearing an appeal under this section:
(a) shall, subject to subsection (5), proceed by way of a hearing de novo, but may receive as evidence any record of evidence given, including any affidavit filed or exhibit received, in the court of summary jurisdiction; and
(b) may make such decrees as it considers appropriate, including a decree affirming, reversing or varying the decree the subject of the appeal.


(5) The court hearing an appeal under this section may, on the application of a party or of its own motion, refer the appeal to a Full Court of the Family Court.


(6) Where an appeal is referred to a Full Court of the Family Court under subsection (5), the Full Court may:
(a) proceed by way of a hearing de novo, but may receive as evidence any record of evidence given, including any affidavit filed or exhibit received in the court of summary jurisdiction;
(b) order that questions of fact arising in the proceedings be tried by a Judge;
(c) determine questions of law arising in the proceedings and remit the appeal to a Judge for hearing in accordance with directions given by it; and
(d) make such other decrees as it considers appropriate, including a decree affirming, reversing or varying the decree the subject of the appeal.

FAMILY LAW ACT 1975 - PART XI
PART XI - PROCEDURE AND EVIDENCE

FAMILY LAW ACT 1975 - SECT 97
Procedure

SECT

97. (1) Subject to subsections (1A) and (2), to the regulations and to the Rules of Court, all proceedings in the Family Court, or in a court of a Territory (other than the Northern Territory) when exercising jurisdiction under this Act, shall be heard in open court.


(1A) The regulations and the Rules of Court may authorise proceedings to be heard by a Judge or magistrate sitting in Chambers.


(2) In any proceedings in the Family Court, or in another court when exercising jurisdiction under this Act, the court may, of its own motion or on the application of a party to the proceedings, make one or more of the following orders:
(a) an order that a specified person is not, or specified persons are not, to be present in court during the proceedings or during a specified part of the proceedings;
(b) an order that persons included in a specified class of persons are not to be present in court during the proceedings or during a specified part of the proceedings;
(c) an order that only the parties to the proceedings, their legal representatives and such other persons (if any) as are specified by the court may be present in court during the proceedings or during a specified part of the proceedings.


(3) In proceedings under this Act, the court shall proceed without undue formality and shall endeavour to ensure that the proceedings are not protracted.

FAMILY LAW ACT 1975 - SECT 98
Evidence by affidavit

SECT

98. The Rules of Court may provide for evidence of any material matter to be given on affidavit at the hearing of:
(a) proceedings for principal relief that are undefended at the time of hearing; and
(b) proceedings other than proceedings for principal relief.

FAMILY LAW ACT 1975 - SECT 98A
Proceedings in absence of parties

SECT

98A. (1) The Rules of Court may provide that where, at the date fixed for the hearing of proceedings for dissolution of marriage instituted by one party to the marriage:
(a) the proceedings are undefended;
(b) there are no children of the marriage who have not attained the age of 18 years;
(c) the applicant has requested the court to determine the proceedings in the absence of the parties; and
(d) the respondent has not requested the court not to determine the proceedings in the absence of the parties;
the court may, in its discretion, determine the proceedings notwithstanding that neither the parties to the proceedings nor their legal representatives are present in court.


(2) The Rules of Court may provide that where, at the date fixed for the hearing of proceedings for dissolution of marriage instituted jointly by the parties to the marriage, there are no children of the marriage who have not attained the age of 18 years and:
(a) one of the parties to the marriage has requested the court to determine the proceedings in the absence of the parties and the other party to the marriage has not requested the court not to determine the proceedings in the absence of the parties; or
(b) both parties to the marriage have requested the court to determine the proceedings in the absence of the parties;
the court may, in its discretion, determine the proceedings notwithstanding that neither the parties to the proceedings nor their legal representatives are present in court.


(3) For the purposes of this section, a child (including an ex-nuptial child of either the husband or the wife, a child adopted by either of them or a child who is not a child of either of them) is a child of the marriage if the child was treated by the husband and wife as a child of their family at the relevant time.


(4) For the purposes of subsection (3), the relevant time is the time immediately before the time when the husband and wife separated or, if they have separated on more than one occasion, the time immediately before the time when they last separated before the institution of the proceedings for dissolution of the marriage.

FAMILY LAW ACT 1975 - SECT 100
Evidence of husbands and wives

SECT

100. (1) The parties to proceedings under this Act are competent and compellable witnesses.


(2) In proceedings under this Act, the parties to a marriage are competent and compellable to disclose communications made between them during the marriage.


(3) Subsection (2) applies to communications made before, as well as to communications made after, the date of commencement of this Act.

FAMILY LAW ACT 1975 - SECT 100A
Evidence of children

SECT

100A. (1) Evidence of a representation made by a child about a matter that is relevant to the welfare of the child or another child, which would not otherwise be admissible as evidence because of the law against hearsay, is not inadmissible solely because of the law against hearsay in any proceedings under Part VII.


(2) A court may give such weight (if any) as it thinks fit to evidence admitted pursuant to subsection (1).


(3) This section applies in spite of any other Act or rule of law.


(4) In this section:
"child" means a child under 18 years of age;
"representation" includes an express or implied representation, whether oral or in writing, and a representation inferred from conduct.

FAMILY LAW ACT 1975 - SECT 101
Protection of witnesses

SECT

101. (1) The court shall forbid the asking of, or excuse a witness from answering, a question that it regards as offensive, scandalous, insulting, abusive or humiliating, unless the court is satisfied that it is essential in the interests of justice that the question be answered.


(2) The court must forbid an examination of a witness that it regards as oppressive, repetitive or hectoring, or excuse a witness from answering questions asked during such an examination, unless the court is satisfied that it is essential in the interests of justice for the examination to continue or for the questions to be answered.

FAMILY LAW ACT 1975 - SECT 102
Proof of birth, parentage, death or marriage

SECT

102. In proceedings under this Act, the court may receive as evidence of the facts stated in it a document purporting to be either the original or a certified copy of:
(a) a certificate, entry or record of a birth, death or marriage alleged to have taken place, whether in Australia or elsewhere; or
(b) an entry in a register of parentage information kept under the law of the Commonwealth or of a State, Territory or prescribed overseas jurisdiction.

FAMILY LAW ACT 1975 - SECT 102A
Restrictions on examination of children

SECT

102A. (1) Subject to this section, where a child is examined without the leave of the court, the evidence resulting from the examination which relates to the abuse of, or the risk of abuse of, the child is not admissible in proceedings under this Act.


(2) Where a person causes a child to be examined for the purpose of deciding:
(a) to bring proceedings under this Act involving an allegation that the child has been abused or is at risk of being abused; or
(b) to make an allegation in proceedings under this Act that the child has been abused or is at risk of being abused;
subsection (1) does not apply in relation to evidence resulting from the first examination which the person caused the child to undergo.


(3) In considering whether to give leave for a child to be examined, the court must have regard to the following matters:
(a) whether the proposed examination is likely to provide relevant information that is unlikely to be obtained otherwise;
(b) the qualifications of the person who proposes to conduct the examination to conduct that examination;
(c) whether any distress likely to be caused to the child by the examination will be outweighed by the value of the information that might be obtained from the examination;
(d) any distress already caused to the child by any previous examination associated with the proceedings or with related proceedings;
(e) any other matter that the court thinks is relevant.


(4) In proceedings under this Act, a court may admit evidence which is otherwise inadmissible under this section where it is satisfied that:
(a) the evidence relates to relevant matters on which the evidence already before the court is inadequate; and
(b) the court will not be able to determine the proceedings properly unless the evidence is admitted; and
(c) the welfare of the child concerned is likely to be served by the admission of the evidence.


(5) In this section:
"examined", in relation to a child, means:
(a) subjected to a medical procedure; or
(b) examined or assessed by a psychiatrist or psychologist (other than by a court counsellor or welfare officer).

FAMILY LAW ACT 1975 - PART XII
PART XII - RECOGNITION OF DECREES

FAMILY LAW ACT 1975 - SECT 103
Decrees under this Act

SECT

103. A decree under this Act has effect throughout Australia and the external Territories.

FAMILY LAW ACT 1975 - SECT 104
Overseas decrees

SECT

104. (1) In this section:
"applicant", in relation to the dissolution or annulment of a marriage or the legal separation of the parties to a marriage, means:
(a) the party at whose instance the dissolution, annulment or legal separation was effected; or
(b) where the dissolution, annulment or legal separation was effected at the instance of both the parties - each of the parties;
"marriage" includes a purported marriage that is void;
"relevant date", in relation to the dissolution or annulment of a marriage or the legal separation of the parties to a marriage, means the date of the institution of the proceedings that resulted in the dissolution, annulment or legal separation;
"respondent", in relation to the dissolution or annulment of a marriage or the legal separation of the parties to a marriage, means a party to the marriage, not being a party at whose instance the dissolution, annulment or legal separation was effected.


(2) For the purposes of this section, a person who is a national of a country of which an overseas jurisdiction forms part shall be deemed to be a national of that overseas jurisdiction.


(3) A dissolution or annulment of a marriage, or the legal separation of the parties to a marriage, effected in accordance with the law of an overseas jurisdiction shall be recognized as valid in Australia where:
(a) the respondent was ordinarily resident in the overseas jurisdiction at the relevant date;
(b) the applicant or, in a case referred to in paragraph (b) of the definition of "applicant" in subsection (1), one of the applicants, was ordinarily resident in the overseas jurisdiction at the relevant date and either:
(i) the ordinary residence of the applicant or
of that applicant, as the case may be, had continued for not less than 1 year immediately before the relevant date; or
(ii) the last place of cohabitation of the parties to the marriage
was in that jurisdiction;
(c) the applicant or the respondent or, in a case referred to in paragraph (b) of the definition of "applicant" in subsection (1), one of the applicants, was domiciled in the overseas jurisdiction at the relevant date;
(d) the respondent was a national of the overseas jurisdiction at the relevant date;
(e) the applicant or, in a case referred to in paragraph (b) of the definition of "applicant" in subsection (1), one of the applicants, was a national of the overseas jurisdiction at the relevant date and either:
(i) the applicant or that applicant, as the case may be, was
ordinarily resident in that jurisdiction at that date; or
(ii) the applicant or that applicant, as the case may be, had been
ordinarily resident in that jurisdiction for a continuous period of 1 year falling, at least in part, within the period of 2 years immediately before the relevant date; or
(f) the applicant or, in a case referred to in paragraph (b) of the definition of "applicant" in subsection (1), one of the applicants, was a national of, and present in, the overseas jurisdiction at the relevant date and the last place of cohabitation of the parties to the marriage was an overseas jurisdiction the law of which, at the relevant date, did not provide for dissolution of marriage, annulment of marriage or the legal separation of the parties to a marriage, as the case may be.


(4) A dissolution or annulment of a marriage, or the legal separation of the parties to a marriage, shall not be recognized as valid by virtue of subsection (3) where:
(a) under the common law rules of private international law, recognition of its validity would be refused on the ground that a party to the marriage had been denied natural justice; or
(b) recognition would manifestly be contrary to public policy.


(5) Any dissolution or annulment of a marriage, or any legal separation of the parties to a marriage, that would be recognized as valid under the common law rules of private international law but to which none of the preceding provisions of this section applies shall be recognized as valid in Australia, and the operation of this subsection shall not be limited by any implication from those provisions.


(6) Notwithstanding anything contained in this section, the annulment in accordance with the law of an overseas jurisdiction of a marriage solemnized under Part V of the Marriage Act 1961, being an annulment on the ground only of non-compliance with the formalities prescribed by the law of the jurisdiction in which the marriage was solemnized, shall not be recognized as valid in Australia.


(7) For the purposes of this section, a court in Australia, in considering the validity of a dissolution or annulment of a marriage, or a legal separation of the parties to a marriage, effected under a law of an overseas jurisdiction:
(a) where the respondent appeared in the proceedings for the dissolution, annulment or separation:
(i) is bound by the findings of fact on the basis of which a court of
the overseas jurisdiction assumed jurisdiction to grant the dissolution, annulment or separation; and
(ii) may treat as proved any other facts found by a court of the
overseas jurisdiction or otherwise established for the purposes of the law of the overseas jurisdiction; or
(b) where the respondent did not appear in the proceedings for the dissolution, annulment or separation - may treat as proved any facts found by a court of the overseas jurisdiction or otherwise established for the purposes of the law of the overseas jurisdiction.


(8) For the purposes of the preceding provisions of this section but without limiting the operation of those provisions, a dissolution or annulment of a marriage, or the legal separation of the parties to a marriage, shall be deemed to have been effected in accordance with the law of an overseas jurisdiction if it was effected in another overseas jurisdiction in circumstances in which, at the relevant date, it would have been recognized as valid by the law of the first-mentioned overseas jurisdiction.


(9) Where a dissolution or annulment of a marriage is to be recognized as valid in accordance with this section, the capacity of a party to that marriage to re-marry in accordance with the law of Australia is not affected by the fact that the validity of the dissolution or annulment is not recognized under the law of some other jurisdiction.


(10) The preceding provisions of this section apply in relation to dissolutions, annulments and legal separations effected whether by decree, legislation or otherwise, whether before or after the commencement of this Act, and, for the purposes of this section, any decree, legislation or other process by which it is established that a purported marriage was or is to become void shall be deemed to be an annulment of the marriage.

FAMILY LAW ACT 1975 - SECT 104A
Recognition in external Territories

SECT

104A. (1) In this section:
"external Territory" does not include Norfolk Island;
"overseas jurisdiction" does not include an external Territory.


(2) A dissolution or annulment of a marriage, or the legal separation of the parties to a marriage, effected in accordance with the law of an overseas jurisdiction that is recognised as valid in Australia shall be recognised as valid in every external Territory.


(3) A dissolution or annulment of a marriage, or the legal separation of the parties to a marriage, effected in accordance with the law of an external Territory that is recognised as valid in Australia shall be recognised as valid in every other external Territory.

FAMILY LAW ACT 1975 - PART XIII
PART XIII - ENFORCEMENT OF DECREES

FAMILY LAW ACT 1975 - SECT 105
Enforcement generally

SECT

105. (1) Subject to this Part, to the regulations and to the Rules of Court, all decrees made under this Act may be enforced by any court having jurisdiction under this Act.


(2) Except as prescribed, a court shall not entertain a proceeding under this Act for the enforcement of a decree made by another court unless the decree is registered in the first-mentioned court in accordance with the regulations.


(3) Where a person bound by a decree made under this Act has died, the decree may, by leave of:
(a) the court by which it was made; or
(b) any court in which the decree has been registered in accordance with the regulations (whether the decree was registered before or after the death of the person);
and on such terms and conditions as the court considers appropriate, be enforced, in respect of liabilities that arose under the decree before the death of that person, against the estate of that person.

FAMILY LAW ACT 1975 - SECT 107
Persons not to be imprisoned for failure to comply with certain orders

SECT

107. (1) A person shall not be imprisoned or otherwise placed in custody by reason of a contravention of an order for the payment of money made:
(a) in a matrimonial cause; or
(b) in proceedings under Part VII.


(2) This section does not affect the operation of Division 2 or 3 of Part XIIIA.

FAMILY LAW ACT 1975 - SECT 109
Inter-State enforcement of child bearing expenses orders

SECT

109. (1) This section applies to the following orders made under the law of a State or Territory:
(a) orders of a kind that may be made under section 66Z;
(b) orders for the payment of an amount in relation to the maintenance of a child.


(2) The regulations may make provision for and in relation to the enforcement in a State or Territory by a court having jurisdiction under this Act of orders to which this section applies made by a court in another State or Territory.

FAMILY LAW ACT 1975 - SECT 110
Overseas enforcement of maintenance orders etc.

SECT

110. (1) In this section:
"jurisdiction with restricted reciprocity" means a country, or part of a country, outside Australia declared by the regulations to be a jurisdiction with restricted reciprocity for the purposes of this section;
"maintenance order" means:
(a) an order or determination (however described) with respect to the maintenance of a party to a marriage;
(b) an order or determination (however described) with respect to the maintenance of a child who has not attained the age of 18 years, other than an order or determination of the kind referred to in paragraph (c);
(c) an order or determination (however described) with respect to the maintenance of a child who has not attained the age of 18 years, being an order or determination that is expressed to continue in force until a day that is later than, or for a period that extends beyond, the day on which the child will attain that age, where the provision of maintenance for the child is necessary to enable the child to complete a course of study, vocational training or an apprenticeship or to continue his education in any other way, or because the child is mentally or physically handicapped;
(d) an order or determination (however described) with respect to the maintenance of a child who has attained the age of 18 years, being an order or determination that is expressed to continue in force until a day, or for a period, specified in the order or determination, where the provision of maintenance for the child is necessary to enable the child to complete a course of study, vocational training or an apprenticeship or to continue his education in any other way, or because the child is mentally or physically handicapped; and
(e) to the extent provided by the regulations, an order made under section 66Z, or an order or determination (however described) that deals with matters of a kind in relation to which orders may be made under that section;
"reciprocating jurisdiction" means a country, or part of a country, outside Australia declared by the regulations to be a reciprocating jurisdiction for the purposes of this section.


(2) The regulations may make provision for and in relation to:
(a) the registration in, and enforcement by, courts having jurisdiction under this Act of maintenance orders made by courts or authorities of reciprocating jurisdictions or of jurisdictions with restricted reciprocity;
(aa) the institution and prosecution, by an officer of a court having jurisdiction under this Act, a prescribed authority of the Commonwealth, of a State or Territory, or of another country or a part of another country, or a person for the time being holding a prescribed office under a law of the Commonwealth, of a State or of a Territory, in his, her or its discretion, of proceedings:
(i) on behalf of the person entitled to moneys payable under a
maintenance order made by a court or authority of a reciprocating jurisdiction or of a jurisdiction with restricted reciprocity, for the enforcement by a court having jurisdiction under this Act of that maintenance order; or
(ii) for the making of orders for the confirmation of provisional
orders made by courts of reciprocating jurisdictions or of jurisdictions with restricted reciprocity, being provisional orders referred to in paragraph (d);
(ab) the institution and prosecution, by an authority entitled to moneys payable under a maintenance order, in the authority's discretion, of proceedings for the enforcement of that maintenance order by a court having jurisdiction under this Act;
(b) the transmission to appropriate courts or authorities of reciprocating jurisdictions or of jurisdictions with restricted reciprocity of maintenance orders made by courts having jurisdiction under this Act for the purpose of securing the enforcement of those orders in those jurisdictions;
(ba) the making of provisional maintenance orders, and the transmission of such orders to appropriate courts of reciprocating jurisdictions or jurisdictions with restricted reciprocity, for the purposes of obtaining the confirmation, and securing the enforcement, of those orders in those jurisdictions, and the effect in Australia of those orders;
(c) the making of orders (including provisional orders) for the variation, discharge, suspension or revival of maintenance orders registered in accordance with regulations under this section or of maintenance orders or provisional maintenance orders transmitted to other jurisdictions in accordance with regulations under this section, and the effect in Australia of orders under this paragraph;
(d) the making of orders for the confirmation of provisional orders made by courts in reciprocating jurisdictions or in jurisdictions with restricted reciprocity, being provisional maintenance orders or provisional orders varying, discharging, suspending or reviving maintenance orders, and the effect in Australia of orders under this paragraph; and
(e) the making of orders for giving effect to process certified or approved by a court in the United States of America, being process relating to the provision of maintenance, and the effect in Australia of orders under this paragraph.


(3) The regulations may make different provision under this section in relation to reciprocating jurisdictions from the provision made in relation to jurisdictions with restricted reciprocity.

FAMILY LAW ACT 1975 - SECT 111
Convention on Recovery Abroad of Maintenance

SECT

111. The regulations may make such provision as is necessary to enable the performance of the obligations of Australia, or to obtain for Australia any advantage or benefit, under the Convention on the Recovery Abroad of Maintenance signed at New York on 20 June 1956 but any such regulations shall not come into operation until the day on which that Convention enters into force for Australia.

FAMILY LAW ACT 1975 - SECT 111A
Convention on Recognition and Enforcement of Decisions Relating to
Maintenance Obligations

SECT

111A. The regulations may make such provision as is necessary to enable the performance of the obligations of Australia, or to obtain for Australia any advantage or benefit, under the Convention on the Recognition and Enforcement of Decisions Relating to Maintenance Obligations signed at The Hague on 2 October 1973 but any such regulations shall not come into operation until the day on which that Convention enters into force for Australia.

FAMILY LAW ACT 1975 - SECT 111B
Convention on the Civil Aspects of International Child Abduction

SECT

111B. The regulations may make such provision as is necessary to enable the performance of the obligations of Australia, or to obtain for Australia any advantage or benefit, under the Convention on the Civil Aspects of International Child Abduction signed at The Hague on 25 October 1980 but any such regulations shall not come into operation until the day on which that Convention enters into force for Australia.

FAMILY LAW ACT 1975 - SECT 112
Arrangements with States and Northern Territory

SECT

112. (1) The Governor-General may make an arrangement with the Governor of a State or the Administrator of the Northern Territory for the performance by an officer of that State or Territory of a function under this Act.


(2) In this section, "officer" includes the holder of a judicial office.

FAMILY LAW ACT 1975 - PART XIIIA
PART XIIIA - SANCTIONS FOR FAILURE TO COMPLY WITH ORDERS
AND CONTEMPT OF COURT

FAMILY LAW ACT 1975 - DIVISION 1
Division 1 - Interpretation

FAMILY LAW ACT 1975 - SECT 112AA
Interpretation

SECT

112AA. In this Part:
"access order" means an order under this Act requiring a person to be given access to a child;
"applied provisions", in relation to a sentence passed or an order made pursuant to paragraph 112AD (2) (d), means the provisions of the laws of a State or Territory, as modified by regulations under subsection 112AG (5), that, because of regulations under that subsection, apply in relation to the sentence or order;
"court enforceable agreement" means:
(a) a child agreement registered in a court under section 66ZC;
(b) so much of a maintenance agreement as a court has, pursuant to paragraph 87 (11) (c), ordered may be enforced as if it were an order of the court; or
(c) a maintenance agreement registered in a court under subsection 86 (1), or deemed, by subsection 87 (6), to be registered in a court;
"order under this Act", in relation to a court, means:
(a) an order (however described) made by the court under this Act;
(b) an injunction granted by the court under section 70C or 114;
(c) an undertaking given to the court in proceedings under this Act and accepted by the court;
(ca) a subpoena issued under the Rules of Court;
(d) a court enforceable agreement; or
(e) a recognizance:
(i) entered into pursuant to an order of a court under this Act; or
(ii) entered into for the purposes of subsection 112AE (5);
and includes an order, injunction, agreement or recognizance that:
(f) is an order under this Act in relation to another court because of paragraph (a), (b), (d) or (e); and
(g) has been registered in the first-mentioned court.

FAMILY LAW ACT 1975 - SECT 112AB
Meaning of "contravene an order"

SECT

112AB. (1) A person shall be taken for the purposes of this Part to have contravened an order under this Act if, and only if:
(a) where the person is bound by the order - he or she has:
(i) intentionally failed to comply with the order; or
(ii) made no reasonable attempt to comply with the order; or
(b) in any other case - he or she has:
(i) intentionally prevented compliance with the order by a person who
is bound by it; or
(ii) aided or abetted a contravention of the order by a person who is
bound by it.


(2) For the purposes of this Part:
(a) an order under Part VII granting a person custody of a child shall be taken to include a requirement that persons act in accordance with subsections 70 (1) and (2) in relation to the order; and
(b) an order under Part VII or section 112AD providing for a person to have access to a child shall be taken to include a requirement that persons act in accordance with subsection 70 (3) in relation to the order.

FAMILY LAW ACT 1975 - SECT 112AC
Meaning of "reasonable excuse for contravening an order"

SECT

112AC. (1) The circumstances in which a person may be taken to have had, for the purposes of this Part, a reasonable excuse for contravening an order under this Act include, but are not limited to, the circumstances set out in subsections (2) and (3).


(2) A person (in this subsection called the "respondent") shall be taken to have had a reasonable excuse for contravening an order under this Act if:
(a) the respondent contravened the order because, or substantially because, he or she did not, at the time of the contravention, understand the obligations imposed by the order on the person who was bound by it; and
(b) the court is satisfied that the respondent ought to be excused in respect of the contravention.


(3) A person (in this subsection called the "respondent") shall be taken to have had a reasonable excuse for contravening an order under this Act where:
(a) the order required a person to be given custody of, or access to, a child; and
(b) the contravention resulted in that person being deprived of that custody or access;
if:
(c) the respondent believed on reasonable grounds that depriving that person of the custody or access provided for by the order was necessary to protect the health or safety of a person; and
(d) the person was not deprived of custody of, or access to, the child for longer than was necessary to protect the health or safety of the person last-mentioned in paragraph (c).

FAMILY LAW ACT 1975 - DIVISION 2
Division 2 - Sanctions for failure to comply with orders

FAMILY LAW ACT 1975 - SECT 112AD
Sanctions for failure to comply with orders

SECT

112AD. (1) Where a court having jurisdiction under this Act is satisfied that a person has, without reasonable excuse, contravened an order under this Act, the court may, subject to subsection (5), by order, take such action or actions of the kind specified in subsection (2) as the court thinks is appropriate.


(2) The court may:
(a) impose a sentence of imprisonment on the person in accordance with section 112AE;
(b) fine the person not more than:
(i) for a natural person - $6,000; or
(ii) for a body corporate - $30,000;
(c) require the person to enter into a recognizance in accordance with section 112AF;
(d) impose a sentence on the person, or make an order directed to the person, in accordance with section 112AG;
(e) order the sequestration of some or all of the person's property;
(f) order the person to deliver a document to the Registrar; or
(g) order the person to give another person access to a child in accordance with section 112AJ.


(3) An order under subsection (1) may be expressed to take effect immediately, or at the end of a specified period or on the occurrence of a specified event.


(4) Where a court makes an order under subsection (1), the court may make such other orders as the court considers necessary to ensure compliance with the order that was contravened.


(5) A court shall not make an order (other than an order until further order or an order made with the consent of all the parties to the proceedings) under subsection (1) in relation to a contravention of an access order unless:
(a) the parties to the proceedings for the order have already attended upon a court counsellor, or a welfare officer, for counselling in relation to the contravention; or
(b) the court is satisfied that it is appropriate to make the order even though the parties to the proceedings have not attended upon a court counsellor, or a welfare officer, for counselling in relation to the contravention.

FAMILY LAW ACT 1975 - SECT 112AE
Sentences of imprisonment

SECT

112AE. (1) A sentence of imprisonment imposed on a person pursuant to paragraph 112AD (2) (a) shall be expressed to be:
(a) for a specified period of 12 months or less; or
(b) for a period ending when the person:
(i) complies with the order concerned; or
(ii) has been imprisoned pursuant to the sentence for 12 months or
such lesser period as is specified by the court;
whichever happens first.


(2) A court shall not sentence a person to imprisonment pursuant to paragraph 112AD (2) (a) unless the court is satisfied that, in all the circumstances of the case, it would not be appropriate for the court to deal with the contravention pursuant to any of the other paragraphs of subsection 112AD (2).


(3) If a court sentences a person to imprisonment pursuant to paragraph 112AD (2) (a), the court shall:
(a) state the reasons why it is satisfied as mentioned in subsection (2); and
(b) cause those reasons to be entered in the records of the court.


(4) The failure of a court to comply with subsection (3) does not invalidate a sentence.


(5) A court, when sentencing a person to imprisonment pursuant to paragraph 112AD (2) (a), may, if it considers it appropriate to do so, direct that the person be released upon the person entering into a recognizance described in subsection (6), either immediately or after he or she has served a specified part of the term of imprisonment.


(6) A recognizance for the purposes of subsection (5) is a recognizance (with or without surety or security) that the person will be of good behaviour for a specified period of up to 2 years.


(7) Without limiting the circumstances in which a court may discharge an order under section 112AK, a court that has sentenced a person to imprisonment for a period expressed as provided by paragraph (1) (b) may order the release of the person if it is satisfied that the person will, if he or she is released, comply with the order concerned.

FAMILY LAW ACT 1975 - SECT 112AF
Recognizances

SECT

112AF. (1) This section provides for recognizances that a court may require a person to enter into pursuant to paragraph 112AD (2) (c).


(2) A recognizance shall be for a specified period of up to 2 years.


(3) A recognizance may be:
(a) with or without surety; and
(b) with or without security.


(4) The conditions that may be imposed on a person by a recognizance include, but are not limited to, conditions of the following kinds:
(a) a condition requiring the person to attend upon a court counsellor, or a welfare officer, for counselling;
(b) a condition requiring the person to be of good behaviour.


(5) Where a court proposes to require a person to enter into a recognizance it shall, before making the requirement, explain or cause to be explained to the person, in language likely to be readily understood by the person:
(a) the purpose and effect of the proposed requirement; and
(b) the consequences that may follow if the person fails:
(i) to enter into the recognizance; or
(ii) having entered into the recognizance - to act in accordance with
the recognizance.

FAMILY LAW ACT 1975 - SECT 112AG
Additional sentencing alternatives

SECT

112AG. (1) Subject to this section, where:
(a) under the law of a participating State or a participating Territory, a court is empowered (whether generally or in particular cases) to impose a sentence or make an order of a kind to which subsection (3) applies in respect of a person convicted of an offence against the law of the State or Territory; and
(b) an arrangement under section 112AN in respect of the State or Territory makes provision for and in relation to the carrying out of sentences imposed, or orders made, of that kind under this Division;
a court exercising jurisdiction in the State or Territory may, pursuant to paragraph 112AD (2) (d), impose a sentence or make an order of that kind.


(2) A sentence imposed on a person, or an order directed to a person, pursuant to paragraph 112AD (2) (d):
(a) shall be such that the total number of hours during which the sentence or order regulates the conduct of the person does not exceed the maximum period in relation to the State or Territory in which the sentence is imposed or the order is made; and
(b) ceases to have effect 2 years after it was made, or after such lesser period as is specified in the order.


(3) This subsection applies to sentences or orders of the following kinds:
(a) a sentence or order known as:
(i) a community service order;
(ii) a work order;
(iii) a sentence of periodic detention;
(iv) an attendance centre order;
(v) a sentence of weekend detention;
(vi) an attendance order; or
(vii) a community based order;
(b) a sentence or order that is similar to a sentence or order referred to in paragraph (a);
(c) a sentence or order prescribed for the purposes of this subsection.


(4) Where a court proposes to impose a sentence on a person, or make an order directed to a person, pursuant to paragraph 112AD (2) (d), it shall, before doing so, explain or cause to be explained to the person, in language likely to be readily understood by the person:
(a) the purpose and effect of the proposed sentence or order;
(b) the consequences that may follow if the person fails to comply with the proposed sentence or order or with any requirements made in relation to the proposed sentence or order by or under the applied provisions; and
(c) if the proposed sentence or order may be revoked or varied under the applied provisions - that the proposed sentence or order may be so revoked or varied.


(5) Where a court exercising jurisdiction under section 112AD in a particular State or Territory imposes a sentence or makes an order pursuant to paragraph 112AD (2) (d), the provisions of the laws of the State or Territory with respect to a sentence or order of that kind that is imposed or made under those laws shall, to the extent provided by the regulations and subject to such modifications as are specified in the regulations, apply in relation to the sentence or order.


(6) In this section:
"maximum period", in relation to a State or Territory, means 500 hours or such lesser period as is prescribed in relation to the State or Territory;
"participating State" means a State in relation to which an agreement under section 112AN is in force;
"participating Territory" means a Territory in relation to which an agreement under section 112AN is in force.

FAMILY LAW ACT 1975 - SECT 112AH
Failure to comply with sentence passed, or order made, pursuant to
paragraph 112AD (2) (d)

SECT

112AH. (1) This section applies where a court has, pursuant to paragraph 112AD (2) (d):
(a) imposed a sentence on a person; or
(b) made an order directed to a person.


(2) If an information is laid before a magistrate, whether before or after the end of the period for which the sentence or order is to operate, or operated, alleging that the person has, without reasonable excuse, failed to comply with the sentence or order, or with any requirements made in relation to the sentence or order by or under the applied provisions, the magistrate may:
(a) issue a summons directing the person to appear, on a date, at a time and at a place fixed in the summons, before the court; or
(b) if the information is laid on oath and the magistrate thinks that proceedings against the person by summons might not be effective - issue a warrant for the arrest of the person.


(3) If:
(a) the person is served with a summons issued under subsection (2); and
(b) the person fails to attend before the court as required by the summons;
the court may, on proof of the service of the summons, issue a warrant for the arrest of the person.


(4) If:
(a) the person is arrested pursuant to a warrant issued under subsection (2), (3) or (6); and
(b) the court is not sitting at the time of the arrest;
the person shall be brought before a magistrate who may deal with the person under subsection (5).


(5) The magistrate may:
(a) order that the person is to be released from custody on his or her entering into a recognizance (with or without surety or security) that he or she will attend before the court on a date, at a time and at a place specified by the magistrate; or
(b) direct that the person be kept in custody in accordance with the warrant.


(6) If:
(a) on entering into a recognizance, the person is released pursuant to an order made by a magistrate under paragraph (5) (a); and
(b) the person fails to attend before the court as required by the recognizance;
the court may, on proof of the entering into of the recognizance, issue a warrant for the arrest of the person.


(7) If:
(a) in accordance with this section, the person is brought before the court; and
(b) the court (whether or not constituted by the judge or magistrate who imposed the sentence or made the order) is satisfied that the person has, without reasonable excuse, failed to comply with the sentence or order or with any requirements made in relation to the sentence or order by or under the applied provisions;
the court may take action under subsection (8).


(8) The court may:
(a) without prejudice to the continuance of the sentence or order, impose a fine not exceeding $1,000 on the person; or
(b) revoke the sentence or order and, subject to subsection (9), deal with the person, for the contravention in respect of which the sentence was passed or the order was made, in any manner in which he or she could have been dealt with for that contravention if:
(i) the sentence had not been imposed, or the order had not been
made; and
(ii) the person was before the court under section 112AD in respect
of the contravention.


(9) In dealing with the person as mentioned in paragraph (8) (b), the court shall, in addition to any other matters that it considers should be taken into account, take into account:
(a) the fact that the sentence was imposed or the order was made;
(b) anything done under the sentence or order; and
(c) any fine imposed, and any other order made, for or in respect of the contravention.


(10) A warrant issued under subsection (2), (3) or (6) in relation to the person shall authorise:
(a) the arrest of the person;
(b) the bringing of the person before the court as soon as practicable after his or her arrest; and
(c) the detention of the person in custody until he or she is released by order of the court, or in accordance with subsection (5).

FAMILY LAW ACT 1975 - SECT 112AJ
Compensatory access orders

SECT

112AJ. The order that may be made by a court pursuant to paragraph 112AD (2) (g) is an order giving a person such access to a child (in addition to access provided for by an access order) as the court considers appropriate, having regard to any deprivation of access resulting from the contravention concerned.

FAMILY LAW ACT 1975 - SECT 112AAAAK
Variation and discharge of orders

SECT

112AK. (1) Subject to this section, an order made under section 112AD may be varied or discharged:
(a) if the court that made the order is the Family Court - by the Family Court; or
(b) in any other case - by the court that made the order or the Family Court.


(2) A variation of an order under section 112AD shall be such that the order, as varied, is an order that could have been made under that section in respect of the contravention in respect of which the first-mentioned order was made.


(3) If a court discharges an order under section 112AD it may, subject to this Division, make another order under that section in respect of the contravention in respect of which the first-mentioned order was made.


(4) Where a court varies or discharges an order made under section 112AD, the court may give such directions as to the effect of the variation or discharge as the court considers appropriate.

FAMILY LAW ACT 1975 - SECT 112AL
Welfare of child the paramount consideration

SECT

112AL. In proceedings under this Division in relation to an order made pursuant to paragraph 112AD (2) (g), the court shall regard the welfare of the child concerned as the paramount consideration.

FAMILY LAW ACT 1975 - SECT 112AM
Relationship between Division and other laws

SECT

112AM. (1) This section applies where an act or omission by a person:
(a) constitutes a contravention of an order under this Act; and
(b) is also an offence against any law.


(2) If the person is prosecuted in respect of the offence, a court in which proceedings have been brought under section 112AD in respect of the contravention of the order shall either:
(a) adjourn those proceedings until the prosecution has been completed; or
(b) dismiss those proceedings.


(3) The person may be prosecuted for, and convicted of, the offence.


(4) Nothing in this section renders the person liable to be punished twice in respect of the same act or omission.


(5) For the purposes of subsection (4), an order made by a court pursuant to paragraph 112AD (2) (g) shall not be taken to be a punishment.

FAMILY LAW ACT 1975 - SECT 112AN
Arrangements with States and Territories for carrying out of sentences
and orders

SECT

112AN. (1) The Governor-General may make arrangements with the relevant authority of a State or a Territory for:
(a) the exercise of powers, and the performance of functions, by officers of the State or Territory; and
(b) the making available of facilities of the State or Territory;
for and in relation to the carrying out of sentences imposed, and orders made, under this Division.


(2) In this section:
"relevant authority" means:
(a) in relation to a State - the Governor of the State;
(b) in relation to the Australian Capital Territory - the Chief Minister of the Australian Capital Territory;
(c) in relation to the Northern Territory - the Administrator of the Northern Territory; and
(d) in relation to Norfolk Island - the Administrator of Norfolk Island.

FAMILY LAW ACT 1975 - SECT 112AO
Division does not limit operation of section 105

SECT

112AO. Nothing in this Division is intended to limit the operation of section 105.

FAMILY LAW ACT 1975 - DIVISION 3
Division 3 - Contempt

FAMILY LAW ACT 1975 - SECT 112AP
Contempt

SECT

112AP. (1) This section applies to a contempt of a court that:
(a) does not constitute a contravention of an order under this Act; or
(b) constitutes a contravention of an order under this Act and involves a flagrant challenge to the authority of the court.


(2) In spite of any other law, a court having jurisdiction under this Act may punish a person for contempt of that court.


(3) The Rules of Court may provide for practice and procedure as to charging with contempt and the hearing of the charge.


(4) Where a natural person is in contempt, the court may punish the contempt by committal to prison or fine or both.


(5) Where a corporation is in contempt, the court may punish the contempt by sequestration or fine or both.


(6) The court may make an order for:
(a) punishment on terms;
(b) suspension of punishment; or
(c) the giving of security for good behaviour.


(7) Where a person is committed to prison for a term for contempt, the court may order the person's discharge before the expiry of that term.

FAMILY LAW ACT 1975 - PART XIV
PART XIV - DECLARATIONS AND INJUNCTIONS

FAMILY LAW ACT 1975 - SECT 112A
Interpretation

SECT

112A. In this Part, "marriage" includes a void marriage.

FAMILY LAW ACT 1975 - SECT 113
Proceedings for declarations

SECT

113. In proceedings of the kind referred to in paragraph (b) of the definition of "matrimonial cause" in subsection 4 (1), the court may make such declaration as is justified.

FAMILY LAW ACT 1975 - SECT 114
Injunctions

SECT

114. (1) In proceedings of the kind referred to in paragraph (e) of the definition of "matrimonial cause" in subsection 4 (1), the court may make such order or grant such injunction as it considers proper with respect to the matter to which the proceedings relate, including:
(a) an injunction for the personal protection of a party to the marriage;
(b) an injunction restraining a party to the marriage from entering or remaining in the matrimonial home or the premises in which the other party to the marriage resides, or restraining a party to the marriage from entering or remaining in a specified area, being an area in which the matrimonial home is, or the premises in which the other party to the marriage resides are, situated;
(c) an injunction restraining a party to the marriage from entering the place of work of the other party to the marriage;
(d) an injunction for the protection of the marital relationship;
(e) an injunction in relation to the property of a party to the marriage; or
(f) an injunction relating to the use or occupancy of the matrimonial home.


(2) In exercising its powers under subsection (1), the court may make an order relieving a party to a marriage from any obligation to perform marital services or render conjugal rights.


(3) A court exercising jurisdiction under this Act in proceedings other than proceedings to which subsection (1) applies may grant an injunction, by interlocutory order or otherwise (including an injunction in aid of the enforcement of a decree), in any case in which it appears to the court to be just or convenient to do so and either unconditionally or upon such terms and conditions as the court considers appropriate.

FAMILY LAW ACT 1975 - SECT 114AA
Powers of arrest

SECT

114AA. (1) Where:
(a) an injunction is in force under section 114 for the personal protection of a person; and
(b) a police officer believes, on reasonable grounds, that the person against whom the injunction is directed (in this section called the "respondent") has, since the injunction was granted, breached the injunction by causing, or threatening to cause, bodily harm to the person referred to in paragraph (a);
the police officer may arrest the respondent without warrant.


(3) Where a police officer arrests a person pursuant to subsection (1):
(a) the police officer shall:
(i) ensure that the person is brought before the court that granted
the injunction, or another court having jurisdiction under this Act, before the expiration of the relevant period; and
(ii) take all reasonable steps to ensure that, before the person is
so brought before a court, the person on whose application the injunction under section 114 was granted is aware that the first-mentioned person has been arrested and of the court before which the person is to be brought; and
(b) the person shall not be released before the expiration of the relevant period except pursuant to an order of the court that granted the injunction or another court having jurisdiction under this Act;
but nothing in this subsection authorizes the keeping of the person in custody after the expiration of the relevant period.


(4) Where a person is brought before a court in accordance with subsection (3), the court shall:
(a) if there is an application before the court for the person to be dealt with for breach of the injunction - forthwith proceed to hear and determine that application; or
(b) if there is no application before the court as mentioned in paragraph (a) - order that the person be released forthwith.


(5) Where:
(a) a person is brought before a court in accordance with subsection (3);
(b) the court proceeds to hear and determine an application for the person to be dealt with for breach of an injunction as mentioned in paragraph (4) (a); and
(c) at the expiration of the relevant period the proceedings have not been determined;
the person may be kept in custody after the expiration of the relevant period until:
(d) the court gives its decision on the proceedings;
(e) the court orders that the person be released; or
(f) the court adjourns the hearing for a period of more than 24 hours;
whichever happens first.


(7) In this section:
"relevant period", in relation to the arrest of a person, means:
(a) in a case to which paragraph (b) does not apply - the period commencing at the time when the person is arrested and ending 24 hours later; or
(b) where a Sunday or public holiday commences within the period of 24 hours after the time when the person is arrested - the period commencing at the time when the person is arrested and ending 48 hours later.

FAMILY LAW ACT 1975 - SECT 114AB
Operation of State and Territory laws

SECT

114AB. (1) Sections 70C, 70D, 114 and 114AA are not intended to exclude or limit the operation of a prescribed law of a State or Territory that is capable of operating concurrently with those sections.


(2) Where a person has instituted a proceeding or taken any other action under a prescribed law of a State or Territory in respect of a matter in respect of which the person would, but for this subsection, have been entitled to institute a proceeding under section 70C or 114, the person is not entitled to institute a proceeding under section 70C or 114 in respect of that matter, unless:
(a) where the person instituted a proceeding:
(i) the proceeding has lapsed, been discontinued, or been dismissed;
or
(ii) the orders (if any) made as a result of the institution of the
proceeding have been set aside or are no longer in force; and
(b) where the person took other action - neither that person nor any other person is required, at the time that the person institutes a proceeding under section 70C or 114, to do an act, or to refrain from doing an act.

FAMILY LAW ACT 1975 - PART XIVA
PART XIVA - THE AUSTRALIAN INSTITUTE OF FAMILY STUDIES

FAMILY LAW ACT 1975 - SECT 114A
Interpretation

SECT

114A. In this Part, unless the contrary intention appears:
"Board" means the Board of Management of the Institute;
"Director" means the Director of the Institute;
"Institute" means the Australian Institute of Family Studies established by this Part;
"member" means a member of the Board, and includes the Director.

FAMILY LAW ACT 1975 - SECT 114B
Establishment of Institute

SECT

114B. (1) There is established by this Part an Institute by the name of the Australian Institute of Family Studies.


(2) The functions of the Institute are:
(a) to promote, by the conduct, encouragement and co-ordination of research and other appropriate means, the identification of, and development of understanding of, the factors affecting marital and family stability in Australia, with the object of promoting the protection of the family as the natural and fundamental group unit in society; and
(b) to advise and assist the Minister in relation to the making of grants, and with the approval of the Minister to make grants, out of moneys available under appropriations made by the Parliament, for purposes related to the functions of the Institute and the supervising of the employment of grants so made.


(3) The Minister may:
(a) request the Board to arrange for the Institute to engage in a particular activity (whether research or otherwise) in relation to a particular matter that is within the functions of the Institute; and
(b) after consultation with the Board, specify the priority that is to be given to the activity.


(4) Each report by the Institute under section 63M of the Audit Act 1901, as that section applies to the Institute by virtue of section 114N of this Act, shall specify any requests made by the Minister under this section in the year to which the report relates, the priorities accorded to the matters to which the requests relate and the progress made by the Institute in that year in giving effect to any requests made by the Minister under this section in that year or a previous year.

FAMILY LAW ACT 1975 - SECT 114BA
Institute to be a body corporate

SECT

114BA. (1) The Institute:
(a) is a body corporate;
(b) shall have a seal; and
(c) may sue and be sued.


(2) The seal of the Institute shall be kept in such custody as the Board directs and shall not be used except as authorised by the Board.


(3) All courts, judges and persons acting judicially shall take judicial notice of the imprint of the seal of the Institute appearing on a document and shall presume that the document was duly sealed.

FAMILY LAW ACT 1975 - SECT 114BB
Powers of Institute

SECT

114BB. The Institute has power to do all things that are necessary or convenient to be done in connection with the performance of its functions and, in particular, has power:
(a) to acquire, hold and dispose of real and personal property;
(b) to enter into contracts; and
(c) to accept gifts, devises and bequests made to the Institute.

FAMILY LAW ACT 1975 - SECT 114C
Director and Board of Management

SECT

114C. (1) There shall be a Director of the Institute and a Board of Management of the Institute.


(2) The Board shall consist of the Director and 4 or more other members.


(3) The members shall be appointed by the Governor-General.


(4) The Director shall be appointed as a full-time member and the other members shall be appointed as part-time members.


(5) A member holds office on such terms and conditions (if any) in respect of matters not provided for by this Act as are determined by the Governor-General.


(6) The performance of the functions or the exercise of the powers of the Board is not affected by reason of there being a vacancy or vacancies in the membership of the Board.

FAMILY LAW ACT 1975 - SECT 144D
Management of Institute

SECT

114D. (1) The Board is charged with the general direction of the Institute.


(2) Subject to the general direction of the Board, the Director shall manage the affairs of the Institute.

FAMILY LAW ACT 1975 - SECT 114E
Term of office of members

SECT

114E. (1) Subject to this Part, a member holds office for such period, not exceeding 7 years, as is specified in the instrument of appointment, but is eligible for re-appointment.


(2) A person who attained the age of 65 years shall not be appointed or re-appointed as the Director and a person shall not be appointed or re-appointed as the Director for a period that extends beyond the date on which the person will attain the age of 65 years.

FAMILY LAW ACT 1975 - SECT 114F
Remuneration and allowances

SECT

114F. (1) A member shall be paid such remuneration as is determined by the Remuneration Tribunal, but, if no determination of that remuneration by the Tribunal is in operation, the member shall be paid such remuneration as is prescribed.


(2) A member shall be paid such allowances as are prescribed.


(3) This section has effect subject to the Remuneration Tribunals Act 1973.

FAMILY LAW ACT 1975 - SECT 114G
Leave of absence

SECT

114G. (1) Subject to section 87E of the Public Service Act 1922, the Director has such recreation leave entitlements as are determined by the Remuneration Tribunal.


(2) The Minister may:
(a) grant the Director leave of absence, other than recreation leave, on such terms and conditions as to remuneration or otherwise as the Minister determines; and
(b) grant a member other than the Director leave to be absent from a meeting or meetings of the Board.

FAMILY LAW ACT 1975 - SECT 114H
Resignation of members

SECT

114H. A member may resign by writing signed and delivered to the Governor-General.

FAMILY LAW ACT 1975 - SECT 114J
Termination of appointments

SECT

114J. (1) The Governor-General may terminate the appointment of a member by reason of the misbehaviour, or physical or mental incapacity, of the member.


(2) If a member:
(a) becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his or her creditors or makes an assignment of his or her remuneration for their benefit;
(b) being the Director:
(i) engages in paid employment outside the duties of his or her
office without the approval of the Minister; or
(ii) is absent from duty, except on leave of absence, for 14
consecutive days or for 28 days in any 12 months; or
(c) being a member other than the Director - is absent, except on leave of absence, from 3 consecutive meetings of the Board;
the Governor-General shall remove the member from office.

FAMILY LAW ACT 1975 - SECT 114K
Acting Director

SECT

114K. (1) The Minister may appoint a person (whether a member or not) to act as Director:
(a) during a vacancy in the office of Director (whether or not the office has previously been filled); or
(b) during any period, or during all periods, when the Director is absent from duty or from Australia or is, for any reason, unable to perform the functions of the office;
but a person appointed to act during a vacancy shall not continue so to act for more than 12 months.


(2) The Minister may:
(a) determine the terms and conditions of appointment, including remuneration and allowances, of a person acting as Director; and
(b) at any time terminate such an appointment.


(3) Where a person is acting as Director in accordance with paragraph (1) (b) and the office of Director becomes vacant while that person is so acting, that person may continue so to act until the Minister otherwise directs, the vacancy is filled, or a period of 12 months from the day on which the vacancy occurred expires, whichever first happens.


(4) The appointment of a person to act as Director ceases to have effect if the person resigns the appointment by writing delivered to the Minister.


(5) While a person is acting as Director, the person has, and may exercise, all the powers and shall perform all the functions of the Director.

FAMILY LAW ACT 1975 - SECT 114L
Meetings etc.

SECT

114L. The regulations may prescribe matters that are necessary or convenient to be prescribed in connexion with the conduct of the affairs of the Institute, including matters relating to the conduct of, and the quorum and voting at, meetings of the Board.

FAMILY LAW ACT 1975 - SECT 114M
Staff

SECT

114M. (1) The Director may, on behalf of the Commonwealth and with the approval of the Minister, employ persons as members of the staff of the Institute and engage persons to assist the Institute as consultants or otherwise.


(2) The terms and conditions of employment or engagement of persons under this section are such as are from time to time determined by the Director.


(4) This section has effect notwithstanding the Public Service Act 1922 but subject to any other Act relating to persons employed by the Commonwealth.

FAMILY LAW ACT 1975 - SECT 114MA
Money payable to Institute

SECT

114MA. (1) There is payable to the Institute such money as is appropriated by the Parliament for the purposes of the Institute.


(2) The Minister for Finance may give directions as to the amounts in which, and the times at which, money referred to in subsection (1) is to be paid to the Institute.

FAMILY LAW ACT 1975 - SECT 114MB
Estimates

SECT

114MB. (1) The Director shall prepare estimates, in such form as the Minister directs, of expenditure of the Institute out of money paid to the Institute under section 114MA for each financial year and, if the Minister so directs, for any other period specified by the Minister, and the Director shall submit estimates so prepared to the Minister not later than such date as the Minister directs.


(2) Money paid to the Institute under section 114MA shall not be expended by the Institute otherwise than in accordance with estimates of expenditure approved by the Minister.

FAMILY LAW ACT 1975 - SECT 114MC
Contracts

SECT

114MC. The Institute shall not, except with the approval of the Minister, enter into a contract involving the payment by the Institute of an amount exceeding:
(a) subject to paragraph (b) - $100,000; or
(b) if a higher amount is prescribed - that higher amount.

FAMILY LAW ACT 1975 - SECT 114MD
Application of money

SECT

114MD. The money of the Institute shall be applied only:
(a) in payment or discharge of the expenses, charges, obligations and liabilities incurred or undertaken by the Institute in the performance of its functions and the exercise of its powers; and
(b) in payment of remuneration and allowances payable under this Part.

FAMILY LAW ACT 1975 - SECT 114ME
Investment of money

SECT

114ME. Money of the Institute not immediately required for the purposes of the Institute may be invested:
(a) on deposit with an approved bank;
(b) in Commonwealth securities; or
(c) in any other manner approved by the Treasurer.


(2) In subsection (1), "approved bank" means the Reserve Bank of Australia or another bank for the time being declared by the Treasurer, or by a person authorised by the Treasurer to give approvals for the purposes of this subsection, to be an approved bank in relation to the Institute.

FAMILY LAW ACT 1975 - SECT 114MF
Exemption from taxation

SECT

114MF. The Institute is not subject to taxation under any law of the Commonwealth, of a State or of a Territory.

FAMILY LAW ACT 1975 - SECT 114N
Application of Part XI of Audit Act

SECT

114N. It is hereby declared that the Institute is a public authority to which Division 3 of Part XI of the Audit Act 1901 applies.

FAMILY LAW ACT 1975 - PART XV
PART XV - MISCELLANEOUS

FAMILY LAW ACT 1975 - SECT 115
Family Law Council

SECT

115. (1) The Attorney-General may establish a Family Law Council consisting of persons appointed by the Attorney-General in accordance with subsection (2).


(2) The Council shall consist of a Judge of the Family Court and such other judges, officers of the Australian Public Service or of the Public Service of a State, representatives of marriage counselling organizations and other persons as the Attorney-General thinks fit.


(3) It is the function of the Council to advise and make recommendations to the Attorney-General, either of its own motion or upon request made to it by the Attorney-General, concerning:
(a) the working of this Act and other legislation relating to family law;
(b) the working of legal aid in relation to family law; and
(c) any other matters relating to family law.


(4) The Attorney-General shall appoint one of its members to be Chairperson of the Council.


(5) A member of the Council shall be paid such remuneration as is determined by the Remuneration Tribunal, but, if no determination of that remuneration by the Tribunal is in operation, the member shall be paid such remuneration as is prescribed.


(5A) A member of the Council shall be paid such allowances as are prescribed.


(5B) Subsections (5) and (5A) have effect subject to the Remuneration Tribunals Act 1973.


(5C) Subject to this section, a member of the Council holds office for such period, not exceeding 3 years, as is specified in the instrument of appointment, but is eligible for re-appointment.


(6) A member (including the Chairperson) may resign by writing signed and delivered to the Attorney-General.


(6A) The Attorney-General may terminate the appointment of a member by reason of the misbehaviour, or physical or mental incapacity, of the member.


(6B) If a member becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his or her creditors or makes an assignment of his or her remuneration for their benefit, the Attorney-General shall terminate the appointment of that member.


(7) Meetings of the Council shall be convened by the Chairperson or the Attorney-General.


(8) The Council shall cause records to be kept of its meetings.


(9) The Council shall, as soon as practicable after 30 June in each year, prepare and furnish to the Attorney-General a report of the operations of the Council during the year that ended on that 30 June.


(10) The Attorney-General shall cause a copy of a report furnished under subsection (9) to be laid before each House of the Parliament within 15 sitting days of that House after the receipt of the report by the Attorney-General.

FAMILY LAW ACT 1975 - SECT 116C
Payments to legal practitioners by legal aid bodies

SECT

116C. (1) The regulations may, in relation to matters included in a class of matters arising under this Act, under the regulations or under the Rules of Court, fix or limit, or provide for the fixing or limiting of, the amounts that may be paid by relevant authorities to legal practitioners acting in such matters.


(2) A relevant authority that pays, to a legal practitioner acting in a matter arising under this Act, an amount that exceeds the amount that the relevant authority is permitted, by regulations made under subsection (1), to pay to that legal practitioner in respect of that matter is, if the Minister so determines by instrument in writing, liable to pay to the Commonwealth such amount as the Minister specifies in the instrument, not being an amount greater than the amount of the excess.


(3) An amount payable by a relevant authority to the Commonwealth in accordance with a determination of the Minister under subsection (2) is a debt due by the relevant authority to the Commonwealth.


(4) This section, and regulations made under subsection (1), bind the Crown in right of the Commonwealth, of each of the States, of the Northern Territory and of Norfolk Island.


(5) In this section:
"relevant authority" means a person, authority or body (including an authority or body established by or under a law of a State or Territory) that, from time to time, receives relevant funding;
"relevant funding", in relation to a person, authority or body, means funding received, whether directly or indirectly, by the person, authority or body from the Commonwealth for the purposes of, or in connection with, the provision of legal assistance by the person, authority or body in connection with matters arising under this Act.

FAMILY LAW ACT 1975 - SECT 117
Costs

SECT

117. (1) Subject to subsection (2) and section 118, each party to proceedings under this Act shall bear his or her own costs.


(2) If, in proceedings under this Act, the court is of opinion that there are circumstances that justify it in doing so, the court may, subject to subsection (2A) and the Rules of Court, make such order as to costs and security for costs, whether by way of interlocutory order or otherwise, as the court considers just.


(2A) In considering what order (if any) should be made under subsection (2), the court shall have regard to:
(a) the financial circumstances of each of the parties to the proceedings;
(b) whether any party to the proceedings is in receipt of assistance by way of legal aid and, if so, the terms of the grant of that assistance to that party;
(c) the conduct of the parties to the proceedings in relation to the proceedings including, without limiting the generality of the foregoing, the conduct of the parties in relation to pleadings, particulars, discovery, inspection, directions to answer questions, admissions of facts, production of documents and similar matters;
(d) whether the proceedings were necessitated by the failure of a party to the proceedings to comply with previous orders of the court;
(e) whether any party to the proceedings has been wholly unsuccessful in the proceedings;
(f) whether either party to the proceedings has, in accordance with section 117C or otherwise, made an offer in writing to the other party to the proceedings to settle the proceedings and the terms of any such offer; and
(g) such other matters as the court considers relevant.


(3) A person who has instituted a matrimonial cause or a person who is entitled to participate in proceedings either as a respondent or intervener may apply to the Australian Legal Aid Office for legal assistance under this section in respect of the proceedings.


(4) Where an application is made by a person under subsection (3), the Attorney-General, the Director of the Australian Legal Aid Office or a person employed in the Australian Legal Aid Office authorized by the Director in writing in that behalf may (in the case of a person employed in the Australian Legal Aid Office, subject to any restriction in that authority in writing) authorize legal assistance to the applicant in accordance with the means and needs test of the Australian Legal Aid Office for the giving of legal assistance.

FAMILY LAW ACT 1975 - SECT 117A
Reparation for certain losses and expenses relating to children

SECT

117A. (1) Where:
(a) a court has found, for the purposes of section 112AD, that a person has, by removing a child from the possession of another person or by refusing or failing to deliver a child to another person, contravened:
(i) an order under Part VII granting a person custody of the child;
or
(ii) an order under Part VII or section 112AD providing for a person
to have access to the child;
(b) a person has been convicted of an offence against section 70A in respect of a child;
(c) a court has found, for the purposes of section 112AD, that a person has, by removing a child from the possession of another person or by refusing or failing to deliver a child to another person, contravened an injunction granted, or an order made, under section 114; or
(d) a person has been found to be in contempt of a court exercising jurisdiction under this Act by reason of having removed a child from the possession of another person or having refused or failed to deliver a child to another person;
a court having jurisdiction under this Act may, subject to subsection (2):
(e) on the application of the Commonwealth - order the person to make reparation to the Commonwealth or to a Commonwealth instrumentality, by way of money payment or otherwise, in respect of any loss suffered, or any expense incurred, by the Commonwealth or the Commonwealth instrumentality, as the case may be, in restoring the child to the possession of the person entitled to that possession; or
(f) on the application of any other person - order the first-mentioned mentioned person to make reparation to that other person, by way of money payment or otherwise, in respect of any loss suffered, or expense incurred, by that other person in restoring the child to the possession of the person entitled to that possession.


(2) Nothing in subsection (1) empowers a court to order a person to make reparation to the Commonwealth, to a Commonwealth instrumentality or to another person in respect of any loss suffered, or any expense incurred, where a court has, under section 21B of the Crimes Act 1914, ordered the first-mentioned person to make reparation to the Commonwealth, to the Commonwealth instrumentality or to that other person, as the case may be, in respect of the same loss suffered or expense incurred.

FAMILY LAW ACT 1975 - SECT 117B
Interest on moneys ordered to be paid

SECT

117B. (1) Subject to any order made by the court under subsection (2), where, in proceedings under this Act, a court makes an order for the payment of money (other than an order for the payment by way of maintenance of a periodic sum), interest is payable, at the rate prescribed by the Rules of Court, from:
(a) the date on which the order is made; or
(b) the date on which the order takes effect;
whichever is later, on so much of the money as is from time to time unpaid.


(2) A court that makes an order for the payment of money as mentioned in subsection (1) may order that interest is not payable on the money payable under the first-mentioned order or may order:
(a) that interest is payable at a rate specified in the order, being a rate other than the rate prescribed by the Rules of Court; or
(b) that interest is payable from a date specified in the order, being a date other than the date from which the interest would be payable under subsection (1).

FAMILY LAW ACT 1975 - SECT 117C
Offers of settlement

SECT

117C. (1) Where a party to proceedings under this Act (other than proceedings under Part VI or Division 5, 11, 12 or 13 of Part VII or proceedings to enforce a decree or injunction made under Division 5, 11, 12 or 13 of Part VII) has made an offer in the form prescribed by the Rules of Court to the other party to the proceedings to settle the proceedings on terms specified in the offer, the first-mentioned party may file, in the court in which the proceedings are being heard, a copy of the offer.


(2) If a party to proceedings withdraws an offer a copy of which has been filed as mentioned in subsection (1), that party shall file, in the court referred to in subsection (1), notice that the offer has been withdrawn.


(3) The fact that an offer has been made as mentioned in subsection (1), or the terms of such an offer, shall not be disclosed to the court except for the purposes of the consideration by the court of whether it should make an order as to costs under subsection 117 (2) and the terms of any such order.


(4) A judge of the court mentioned in subsection (1) is not disqualified from sitting in the proceedings only because the fact that an offer has been made is, contrary to subsection (3), disclosed to the court.

FAMILY LAW ACT 1975 - SECT 118
Frivolous or vexatious proceedings

SECT

118. (1) The court may, at any stage of proceedings under this Act, if it is satisfied that the proceedings are frivolous or vexatious:
(a) dismiss the proceedings;
(b) make such order as to costs as the court considers just; and
(c) if the court considers appropriate, on the application of a party to the proceedings - order that the person who instituted the proceedings shall not, without leave of a court having jurisdiction under this Act, institute proceedings under this Act of the kind or kinds specified in the order;
and an order made by a court under paragraph (c) has effect notwithstanding any other provision of this Act.


(2) A court may discharge or vary an order made by that court under paragraph (1) (c).

FAMILY LAW ACT 1975 - SECT 119
Married persons may sue each other

SECT

119. Either party to a marriage may bring proceedings in contract or in tort against the other party.

FAMILY LAW ACT 1975 - SECT 120
Criminal conversation, adultery and enticement

SECT

120. After the commencement of this Act, no action lies for criminal conversation, damages for adultery, or for enticement of a party to a marriage.

FAMILY LAW ACT 1975 - SECT 121
Restriction on publication of court proceedings

SECT

121. (1) A person who publishes in a newspaper or periodical publication or by radio broadcast or television, or otherwise disseminates to the public or to a section of the public by any means, any account of any proceedings, or of any part of any proceedings, under this Act that identifies:
(a) a party to the proceedings;
(b) a person who is related to, or associated with, a party to the proceedings or is, or is alleged to be, in any other way concerned in the matter to which the proceedings relate; or
(c) a witness in the proceedings;
is guilty of an offence punishable, upon conviction by imprisonment for a period not exceeding one year.


(2) A person who, except as permitted by the Rules of Court, publishes in a newspaper or periodical publication or by radio broadcast or television, or otherwise disseminates to the public or to a section of the public by any means (otherwise than by the display of a notice in the premises of the court), a list of proceedings under this Act, identified by reference to the names of the parties to the proceedings, that are to be dealt with by a court is guilty of an offence punishable, upon conviction by imprisonment for a period not exceeding one year.


(3) Without limiting the generality of subsection (1), an account of proceedings, or of any part of proceedings, referred to in that subsection shall be taken to identify a person if:
(a) it contains any particulars of:
(i) the name, title, pseudonym or alias of the person;
(ii) the address of any premises at which the person resides or
works, or the locality in which any such premises are situated;
(iii) the physical description or the style of dress of the person;
(iv) any employment or occupation engaged in, profession practised or
calling pursued, by the person or any official or honorary position held by the person;
(v) the relationship of the person to identified relatives of the
person or the association of the person with identified friends or identified business, official or professional acquaintances of the person;
(vi) the recreational interests, or the political, philosophical or
religious beliefs or interests, of the person; or
(vii) any real or personal property in which the person has an
interest or with which the person is otherwise associated;
being particulars that are sufficient to identify that person to a member of the public, or to a member of the section of the public to which the account is disseminated, as the case requires;
(b) in the case of a written or televised account - it is accompanied by a picture of the person; or
(c) in the case of a broadcast or televised account - it is spoken in whole or in part by the person and the person's voice is sufficient to identify that person to a member of the public, or to a member of the section of the public to which the account is disseminated, as the case requires.


(4) A reference in subsection (1) or (2) to proceedings shall be construed as including a reference to proceedings commenced before the commencement of section 72 of the Family Law Amendment Act 1983.


(5) An offence against this section is an indictable offence.


(8) Proceedings for an offence against this section shall not be commenced except by, or with the written consent of, the Attorney-General.


(9) The preceding provisions of this section do not apply to or in relation to:
(a) the communication, to persons concerned in proceedings in any court, of any pleading, transcript of evidence or other document for use in connection with those proceedings;
(b) the communication of any pleading, transcript of evidence or other document to:
(i) a body that is responsible for disciplining members of the legal
profession in a State or Territory; or
(ii) persons concerned in disciplinary proceedings against a member
of the legal profession of a State or Territory, being proceedings before a body that is responsible for disciplining members of the legal profession in that State or Territory;
(c) the communication, to a body that grants assistance by way of legal aid, of any pleading, transcript of evidence or other document for the purpose of facilitating the making of a decision as to whether assistance by way of legal aid should be granted, continued or provided in a particular case;
(d) the publishing of a notice or report in pursuance of the direction of a court;
(e) the publishing of any publication bona fide intended primarily for use by the members of any profession, being:
(i) a separate volume or part of a series of law reports; or
(ii) any other publication of a technical character; or
(f) the publication or other dissemination of an account of proceedings or of any part of proceedings:
(i) to a person who is a member of a profession, in connection with
the practice by that person of that profession or in the course of any form of professional training in which that person is involved; or
(ii) to a person who is a student, in connection with the studies of
that person.


(10) Rules of Court made for the purposes of subsection (2) may be of general or specially limited application or may differ according to differences in time, locality, place or circumstance.


(11) In this section, "court" includes:
(a) an officer of a court investigating or dealing with a matter in accordance with this Act, the regulations or the Rules of Court; and
(b) a tribunal established by or under a law of the Commonwealth, of a State or of a Territory.

FAMILY LAW ACT 1975 - SECT 122
Rights of legal practitioners

SECT

122. A person who is, under Part VIIIA of the Judiciary Act 1903, entitled to practise in any federal court as a barrister or solicitor, or as both, has the like right to practise in any State court exercising jurisdiction under this Act.

FAMILY LAW ACT 1975 - SECT 122A
Powers of entry and search for purposes of arresting persons

SECT

122A. (1) Where:
(a) a person (in this subsection called the "authorised person") is, by a provision of this Act, or by a warrant issued under a provision of this Act, authorised to arrest another person; and
(b) the authorised person reasonably believes that the other person is in or on a particular searchable place;
the authorised person may, without warrant, enter and search the searchable place.


(2) Where a person may enter and search a vehicle, vessel or aircraft under subsection (1), the person may, for the purposes of effecting the entry and search, stop and detain the vehicle, vessel or aircraft.


(3) In exercising powers under this section, a person may use such force and assistance as is necessary and reasonable to enable the exercise of the powers.


(4) In this section:
"searchable place" means:
(a) premises or a place; or
(b) a vehicle, vessel or aircraft.

FAMILY LAW ACT 1975 - SECT 123
Rules of Court

SECT

123. (1) The Judges, or a majority of them, may make Rules of Court not inconsistent with this Act, providing for or in relation to the practice and procedure to be followed in the Family Court and any other courts exercising jurisdiction under this Act, and for and in relation to all matters and things incidental to any such practice and procedure, or necessary or convenient to be prescribed for the conduct of any business in those courts and, in particular:
(a) providing for and in relation to the attendance of witnesses;
(b) providing for and in relation to the manner of service of process of the Family Court or another court exercising jurisdiction under this Act, and for and in relation to dispensing with such service;
(c) providing for and in relation to the time and manner of institution of appeals in and to the Family Court;
(d) prescribing the duties of officers of the Family Court;
(f) prescribing the seals and stamps to be used in the Family Court and in any other court exercising jurisdiction under this Act;
(g) prescribing matters relating to the costs of proceedings (including solicitor and client costs and party and party costs) and the assessment or taxation of those costs;
(h) authorizing a court to refer to an officer of the court for investigation, report and recommendation claims or applications for or relating to any matters before the court;
(j) authorizing an officer making an investigation referred to in paragraph (h) to take evidence on oath or affirmation and to obtain and receive in evidence a report from a court counsellor or welfare officer, and enabling the summoning of witnesses before an officer making such an investigation for the purpose of giving evidence or producing books and documents;
(k) regulating the procedure of a court upon receiving a report of an officer who has made an investigation referred to in paragraph (h);
(m) providing for and in relation to the procedure of a court exercising its powers under section 112AP to deal with a person for contempt of the court;
(n) providing for and in relation to the making of applications for dissolution of marriage jointly by both parties to the marriage;
(o) providing for and in relation to the appointment, by the Attorney-General, of a guardian ad litem for a party to proceedings under this Act;
(p) providing for and in relation to the enforcement and execution of the decrees of the Family Court and other courts exercising jurisdiction under this Act;
(q) providing for and in relation to:
(i) the forfeiture of recognizances entered into in pursuance of
requirements made under this Act; and
(ii) the recovery of any money that may be due to the Commonwealth
under such recognizances or from any person who has become a surety under this Act;
(r) providing for and in relation to the attachment of moneys payable by the Commonwealth, a State, a Territory or the Administration of a Territory, or by an authority of the Commonwealth, of a State or of a Territory (other than moneys as to which it is provided by any law of the Commonwealth, of a State or of a Territory that they are not liable to attachment);
(s) providing for and in relation to:
(i) the attendance, by parties to proceedings under this Act, at
conferences conducted by court counsellors or welfare officers; and
(ii) the use by courts exercising jurisdiction under this Act, and by
officers of such courts, for the purposes of such proceedings, of reports prepared by court counsellors or welfare officers in relation to conferences attended by parties to the proceedings pursuant to Rules of Court made under subparagraph (i), being reports relating to the future conduct of the proceedings;
(sa) prescribing the functions and duties of assessors and of approved mediators and approved arbitrators;
(sb) providing for and in relation to the making of applications under this Act for mediation or arbitration and for orders under section 19E;
(sc) prescribing the disputes, proceedings or matters that may or may not be mediated or arbitrated under this Act;
(sd) providing for and in relation to:
(i) the procedures to be followed by an approved mediator or an
approved arbitrator in mediating or arbitrating a dispute, proceeding or matter under this Act; and
(ii) the attendance by persons at conferences conducted by approved
mediators and approved arbitrators for the purposes of mediating or arbitrating a dispute, proceeding or matter under this Act; and
(iii) the procedure to be followed when a mediation or arbitration
ends, both where it has resulted in an agreement or award and where it has not;
(se) prescribing matters relating to the costs of mediation and arbitration by approved mediators and approved arbitrators and the assessment or taxation of those costs;
(sf) providing for and in relation to:
(i) the registration of awards under section 19D or 19E; and
(ii) the time and manner of making applications for review of
registered awards under section 19F or 19G;
(t) prescribing matters incidental to the matters specified in the preceding paragraphs; and
(u) prescribing penalties not exceeding $5,000 for offences against the Rules of Court.


(2) Sections 48, 48A, 48B, 49 and 50 of the Acts Interpretation Act 1901 apply in relation to Rules of Court made under this section as if references in those sections of that Act to regulations were references to Rules of Court.


(3) In this section, "Judge" means:
(a) a Judge of the Family Court of Australia; or
(b) where the Governor-General has made an arrangement with the Governor of a State under section 112 in relation to the performance, by a Judge of the Family Court of that State, of functions under this section - that Judge.

FAMILY LAW ACT 1975 - SECT 124
Rules Advisory Committee

SECT

124. (1) There shall be a Rules Advisory Committee consisting of such Judges of the Family Court of Australia, such Judges of Family Courts of States and such other persons as are appointed in accordance with this section.


(2) The function of the Rules Advisory Committee is to provide to the Judges referred to in section 123 such advice in relation to the making of Rules of Court as is requested from time to time by those Judges.


(3) Members of the Rules Advisory Committee shall be appointed by the Governor-General on the nomination of the Attorney-General made by the Attorney-General after consultation with the Chief Judge of the Family Court of Australia.


(4) A Judge of a Family Court of a State shall not be appointed as a member of the Rules Advisory Committee unless the Governor-General has made an arrangement with the Governor of the State under section 112 in relation to the performance, by that Judge, of functions as a member of the Rules Advisory Committee.


(5) The members of the Rules Advisory Committee shall be paid such allowances in respect of expenses in connection with their duties as are prescribed.


(6) A member of the Rules Advisory Committee may resign by writing signed and delivered to the Governor-General.

FAMILY LAW ACT 1975 - SECT 125
Regulations

SECT

125. (1) The Governor-General may make regulations, not inconsistent with this Act, prescribing all matters that are required or permitted by this Act to be prescribed or are necessary or convenient to be prescribed for carrying out or giving effect to this Act and, in particular:
(a) providing for and in relation to the service overseas, pursuant to any convention between Australia and another country, of any documents in proceedings under this Act;
(b) providing for and in relation to the transcription of proceedings under this Act and the making available of copies of transcripts of those proceedings;
(ba) providing for and in relation to the approval of mediators and arbitrators;
(c) prescribing court fees to be payable in respect of:
(i) proceedings under this Act; and
(ii) the arbitration by an approved arbitrator of a dispute,
proceeding or matter carried out as a result of an order made under subsection 19D (1);
(d) exempting persons included in particular classes of persons from liability to pay court fees prescribed under paragraph (c);
(e) providing for the refund of court fees prescribed under paragraph (c) that have been paid in particular circumstances;
(f) providing for an officer of a court exercising jurisdiction under this Act, a prescribed authority of the Commonwealth, of a State or of a Territory or the person for the time being holding a prescribed office under a law of the Commonwealth, of a State or of a Territory, in his, her or its discretion, to institute and prosecute proceedings, on behalf of the person entitled to moneys payable under a maintenance order under Part VII or VIII, for the purpose of enforcing payment of those moneys; and
(g) providing for and in relation to priority as between the execution of orders made under the regulations, or under the repealed Act, for the attachment of moneys payable by the Commonwealth, a State, a Territory or the Administration of a Territory, or by an authority of the Commonwealth, of a State or of a Territory (other than moneys as to which it is provided by any law of the Commonwealth, of a State or of a Territory that they are not liable to attachment) and the execution of orders made in accordance with the Maintenance Orders (Commonwealth Officers) Act 1966.


(2) Court fees payable in pursuance of regulations made under this section in respect of proceedings in a Family Court of a State are payable to the State.