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Superseded version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

C2016C01017 C80

21 October 2016 - 16 November 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 Justice and the Chief Executive Officer
- Division 1A—Administration of Court’s family services
- Division 2—Chief Executive Officer
- Division 3—Other officers and staff of Registries
  - 38N Personnel other than the Chief Executive Officer
  - 38P Marshal
- 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

Family Law Act 1975No. 53, 1975

Legislation text