Family Law Act 1975No. 53, 1975

In force

Administered by

Attorney-General's Department
Department of Social Services

Superseded version

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View as made version

C2016C00415 C78

01 May 2016 - 30 June 2016

Table of contents

Part I—Preliminary
- 1 Short title
- 2 Commencement
- 3 Repeal and saving
- 4 Interpretation
- 4AA De facto relationships
- 4AB Definition of family violence etc.
- 4A Third party proceedings to set aside financial agreement
- 4B Third party proceedings to set aside Part VIIIAB financial agreement
- 4C Meaning of proceeds of crime authority
- 5 Debtor subject to a personal insolvency agreement
- 6 Polygamous marriages
- 7 Extension of Act to certain Territories
- 7A Application of the Criminal Code
- 8 Supersession of existing laws
- 9 Transitional
Part IA—Protection of names
- 9A Use of protected names and symbols
Part II—Non-court based family services
- Division 1—Accreditation of family counsellors, family dispute resolution practitioners and other family service providers
  - 10A Accreditation Rules
- Division 2—Family counselling
- Division 3—Family dispute resolution
- Division 4—Arbitration
Part III—Family consultants
- Division 1—About family consultants
- Division 2—Courts’ use of family consultants
Part IIIA—Obligations to inform people about non-court based family services and about court’s processes and services
- Division 1—Introduction
  - 12A Objects of this Part
- Division 2—Kind of information to be provided
- Division 3—Who must provide information, and when
Part IIIB—Court’s powers in relation to court and non-court based family services
- Division 1—Introduction
  - 13A Objects of this Part
- Division 2—Help with reconciliation
  - 13B Court to accommodate possible reconciliations
- Division 3—Referrals to family counselling, family dispute resolution and other family services
  - 13C Court may refer parties to family counselling, family dispute resolution and other family services
  - 13D Consequences of failure to comply with order under section 13C
- Division 4—Court’s role in relation to arbitration of disputes
Part IV—The Family Court of Australia
- Division 1—Interpretation
  - 20 Interpretation
- Division 2—The Family Court of Australia
- Division 3—Judges
- Division 4—Judicial Registrars
- Division 5—Jurisdiction and exercise of jurisdiction
- Division 6—Registries and officers
- 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 1AA—Application of the finance law
  - 38BAA Application of the finance law
- Division 1A—Administration of Court’s family services
- Division 2—Chief Executive Officer
- Division 3—Other officers and staff of Registries
- Division 4—Miscellaneous administrative matters
Part V—Jurisdiction of courts
- Division 1—Jurisdiction in matrimonial causes
  - 39 Jurisdiction in matrimonial causes
- Division 2—Jurisdiction in de facto financial causes
- Division 3—Other provisions
Part VI—Divorce and nullity of marriage
- 48 Divorce
- 49 Meaning of separation
- 50 Effect of resumption of cohabitation
- 51 Nullity of marriage
- 52 Court not to make divorce order where application for decree of nullity before it
- 53 Circumstances occurring before commencement of Act or outside Australia
- 55 When divorce order takes effect
- 55A Divorce order where children
- 56 Certificate as to divorce order
- 57 Rescission of divorce order where parties reconciled
- 58 Rescission of divorce order on ground of miscarriage of justice
- 59 Re-marriage
Part VII—Children
- Division 1—Introductory
- Division 2—Parental responsibility
- Division 3—Reports relating to children under 18
- Division 4—Parenting plans
- Division 5—Parenting orders—what they are
- Division 6—Parenting orders other than child maintenance orders
- Division 7—Child maintenance orders
- Division 8—Other matters relating to children
- Division 9—Injunctions
- Division 10—Independent representation of child’s interests
- Division 11—Family violence
- Division 12—Proceedings and jurisdiction
- Division 12A—Principles for conducting child-related proceedings
- Division 13—State, Territory and overseas orders
- Division 13A—Consequences of failure to comply with orders, and other obligations, that affect children
- Division 14—Miscellaneous
  - 70P What this Division does
  - 70Q Certain instruments not liable to duty
Part VIII—Property, spousal maintenance and maintenance agreements
- 71 Interpretation
- 71A This Part does not apply to certain matters covered by binding financial agreements
- 72 Right of spouse to maintenance
- 74 Power of court in spousal maintenance proceedings
- 75 Matters to be taken into consideration in relation to spousal maintenance
- 77 Urgent spousal maintenance cases
- 77A Specification in orders of payments etc. for spouse maintenance purposes
- 78 Declaration of interests in property
- 79 Alteration of property interests
- 79A Setting aside of orders altering property interests
- 79B Notification of proceeds of crime orders etc.
- 79C Court to stay property or spousal maintenance proceedings affected by proceeds of crime orders etc.
- 79D Lifting a stay
- 79E Intervention by proceeds of crime authority
- 79F Notifying third parties about application
- 79G Notifying bankruptcy trustee etc. about application under section 74, 78, 79 or 79A
- 79H Notifying court about bankruptcy etc.
- 79J Notifying non-bankrupt spouse about application under section 139A of the Bankruptcy Act 1966
- 80 General powers of court
- 81 Duty of court to end financial relations
- 82 Cessation of spousal maintenance orders
- 83 Modification of spousal maintenance orders
- 85A Ante-nuptial and post-nuptial settlements
- 86A Certain maintenance agreements ineffective
- 86 Registered maintenance agreements
- 87 Operation of maintenance agreements entered into in substitution for rights under Act
- 87A Specification in maintenance agreements of payments etc. for maintenance purposes
- 88 Enforcement of maintenance agreements
- 89 Overseas maintenance agreements
- 89A Institution of spousal maintenance proceedings by authority or person
- 90 Certain instruments not liable to duty
Part VIIIAA—Orders and injunctions binding third parties
- Division 1—Preliminary
  - Subdivision A—Scope of this Part
- Division 2—Orders under section 79
  - 90AE Court may make an order under section 79 binding a third party
- Division 3—Orders or injunctions under section 114
  - 90AF Court may make an order or injunction under section 114 binding a third party
- Division 4—Other matters
Part VIIIA—Financial agreements
- 90A Definitions
- 90B Financial agreements before marriage
- 90C Financial agreements during marriage
- 90D Financial agreements after divorce order is made
- 90DA Need for separation declaration for certain provisions of financial agreement to take effect
- 90DB Whether or when certain other provisions of financial agreements take effect
- 90E Requirements with respect to provisions in financial agreements relating to the maintenance of a party or a child or children
- 90F Certain provisions in agreements
- 90G When financial agreements are binding
- 90H Effect of death of party to financial agreement
- 90J Termination of financial agreement
- 90K Circumstances in which court may set aside a financial agreement or termination agreement
- 90KA Validity, enforceability and effect of financial agreements and termination agreements
- 90L Financial and other agreements etc. not liable to duty
- 90M Notification of proceeds of crime orders etc.
- 90N Court to stay property or spousal maintenance proceedings affected by proceeds of crime orders etc.
- 90P Lifting a stay
- 90Q Intervention by proceeds of crime authority
Part VIIIAB—Financial matters relating to de facto relationships
- Division 1—Preliminary
- Division 2—Maintenance, declarations of property interests and alterations of property interests
- Division 3—Orders and injunctions binding third parties
  - 90TA Orders and injunctions binding third parties
- Division 4—Financial agreements
- Division 5—Proceeds of crime and forfeiture
- Division 6—Instruments not liable to duty
  - 90WA Certain instruments not liable to duty
Part VIIIB—Superannuation interests
- Division 1—Preliminary
  - Subdivision A—Scope of this Part
  - Subdivision B—Interpretation
- Division 2—Payment splitting or flagging by agreement
- Division 3—Payment splitting or flagging by court order
- Division 4—General provisions about payment splitting
- Division 5—Miscellaneous
Part IX—Intervention
- 91 Intervention by Attorney-General
- 91A Delegation by Attorney-General
- 91B Intervention by child welfare officer
- 92 Intervention by other persons
- 92A Intervention in child abuse cases
Part X—Appeals
- 93 No appeal after divorce order takes effect
- 93A Appellate jurisdiction of Family Court
- 94 Appeals to Family Court from courts other than Federal Circuit Court and Magistrates Court of Western Australia
- 94AAA Appeals to Family Court from Federal Circuit Court and Magistrates Court of Western Australia
- 94AAB Appeals, and applications for leave, without oral hearing
- 94AA Leave to appeal needed in some cases
- 94AB Appeals relating to court security orders
- 94A Case stated
- 95 Appeals to High Court
- 96 Appeals from courts of summary jurisdiction
- 96AA Appeal may be dismissed if no reasonable prospect of success
- 96A Part does not apply to section 111C jurisdiction
Part XI—Procedure and evidence
- Division 1—General matters concerning procedure and evidence
- Division 2—Use of video link, audio link or other appropriate means to give testimony, make appearances and give submissions etc.
- Division 3—Split court
  - 102M Determination that there is to be a split court
  - 102N Conditions for split court
Part XIA—Suppression and non-publication orders
- Division 1—Preliminary
- Division 2—Suppression and non-publication orders
Part XIB—Vexatious proceedings
- Division 1—Preliminary
  - 102Q Definitions
  - 102QA Powers of a court not affected
- Division 2—Vexatious proceedings orders
  - 102QB Making vexatious proceedings orders
  - 102QC Notification of vexatious proceedings orders
- Division 3—Particular consequences of vexatious proceedings orders
Part XII—Recognition of decrees
- 103 Decrees under this Act
- 104 Overseas decrees
- 104A Recognition in external Territories
Part XIII—Enforcement of decrees
- 105 Enforcement generally
- 106 Maintenance orders—more than 12 months in arrears
- 106A Execution of instruments by order of court
- 106B Transactions to defeat claims
- 107 People not to be imprisoned for failure to comply with certain orders
- 109 Inter-State enforcement of child bearing expenses order
- 109A Rules of Court relating to enforcement
- 109B Rules of Court relating to enforcement—Federal Circuit Court
Part XIIIAA—International conventions, international agreements and international enforcement
- Division 1—International maintenance orders and agreements etc.
- Division 2—International child abduction
  - 111B Convention on the Civil Aspects of International Child Abduction
- Division 3—International agreements about adoption etc.
  - 111C International agreements about adoption etc.
- Division 4—International protection of children
- Division 5—Other matters
  - 111D Regulations may provide for rules of evidence
Part XIIIA—Sanctions for failure to comply with orders, and other obligations, that do not affect children
- Division 1—Interpretation
- Division 2—Sanctions for failure to comply with orders
Part XIIIB—Contempt of court
- 112AP Contempt
Part XIV—Declarations and injunctions
- 112A Interpretation
- 113 Proceedings for declarations
- 114 Injunctions
- 114AA Powers of arrest
- 114AB Operation of State and Territory laws
Part XIVA—The Australian Institute of Family Studies
- 114A Interpretation
- 114B Establishment of Institute
- 114C Minister may give directions to Director
- 114D Appointment of Director
- 114E Term of appointment
- 114F Acting appointments
- 114G Director’s remuneration
- 114H Outside employment
- 114J Leave of absence
- 114L Other terms and conditions
- 114LA Resignation
- 114LB Termination of appointment
- 114LD Delegation
- 114M Staff
Part XV—Miscellaneous
- 115 Family Law Council
- 116C Payments to legal practitioners by legal aid bodies
- 117 Costs
- 117AA Costs in proceedings relating to overseas enforcement and international Conventions
- 117AC Security for costs
- 117A Reparation for certain losses and expenses relating to children
- 117B Interest on moneys ordered to be paid
- 117C Offers of settlement
- 118 Frivolous or vexatious proceedings
- 119 Married persons may sue each other
- 120 Criminal conversation, adultery and enticement
- 121 Restriction on publication of court proceedings
- 122 Rights of legal practitioners
- 122AA Use of reasonable force in arresting persons
- 122A Powers of entry and search for purposes of arresting persons
- 122B Arrangements with States and Territories
- 123 Rules of Court
- 124 Rules Advisory Committee
- 124A Regulations in relation to overseas-related maintenance obligations etc.
- 125 Regulations
Schedule 1—Child Protection Convention
- Endnotes

Federal Register of Legislation

Federal Register of Legislation annual survey

Family Law Act 1975No. 53, 1975

Federal Register of Legislation annual survey

Family Law Act 1975No. 53, 1975

Legislation text