Family Law Regulations 1984

No longer in force

Administered by

Attorney-General's Department

This item is authorised by the following title:

Family Law Act 1975

Superseded version

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F2023C00108 C71

11 January 2023 - 31 May 2023

This instrument was backcaptured in accordance with Section 36 of the Legislative Instruments Act 2003

Table of contents

Part I—Preliminary
- 1 Name of regulations
- 2 Authority
- 3 Definitions
Part II—General
- 4 Directions as to practice and procedure
- 5 Non compliance with Regulations
- 6 Court or relevant Registrar may relieve from consequences of non compliance
- 7 Appointment of family consultants
- 8 Prescribed information about non court based family services and court’s processes and services (Act s 12B)
- 8A Prescribed information about reconciliation (Act s 12C)
- 8B Prescribed information about Part VII proceedings (Act s 12D)
- 10A Proceedings for divorce order not to be instituted in a court of summary jurisdiction other than a prescribed court (Act s 44A)
- 12A Prescribed pensions, allowances or benefits—subsection 4(1) of the Act
- 12B Child welfare law—prescribed law of a State or Territory
- 12BA Child welfare officer—prescribed office of a State or Territory
- 12BB Family violence order—prescribed laws of State or Territory
- 12BC De facto relationships—prescribed laws and relationships
- 12C Artificial conception procedures: child of woman and other intended parent—prescribed laws
- 12CA Artificial conception procedures: child of woman—prescribed laws
- 12CAA Children born under surrogacy arrangements—prescribed laws
- 12CAB Other circumstances in which court may hear application for Part VII order (Act s 60I(9)(f))
- 12CB Commonwealth information orders—prescribed Departments and Commonwealth instrumentalities
- 12CC Registration of court decision (Act s 68R(6))
- 12CD Evidence relating to child abuse or family violence—prescribed State or Territory agencies (Act s 69ZW(1))
- 12CE Evidence relating to professional confidential relationship privilege—prescribed laws
- 12D Registration of State child orders—prescribed States
- 13 Authentication of consent in writing
- 14 Meaning of prescribed overseas jurisdiction
- 14A Prescribed maximum period—sentence or order (Act s 70NFC(6), 112AG(6))
- 15 Institution etc of proceedings by persons holding certain offices
- 15AA Third party expenses (Act s 90AJ)
- 15AB De facto relationships—prescribed laws
- 17 Registration of decrees
- 17A Declaration—definition of forfeiture order
- 17B Declaration—definition of restraining order
- 17C Definition of State or Territory proceeds of crime law
- 17D Definition of proceeds of crime authority
- 18 Interstate enforcement of affiliation and similar orders
- 19 Operation of State and Territory laws—prescribed laws (Act s 114AB)
- 19A Exceptions to restriction on publishing Court proceedings—States and Territories authorities that have responsibilities relating to the welfare of children
- 20 Priority of attachment orders
- 21 Conversion of currency
Part IIAAA—Protected names and symbols
- 21AAA Protected names (Act s 9A)
- 21AAB Protected symbols (Act s 9A)
Part IIAB—Service under the Hague Service Convention
- Division 1—Preliminary
  - 21AC Definitions for Part IIAB
  - 21AD Provisions of this Part to prevail
- Division 2—Service abroad of local judicial documents
- 21AE Application of Division
- 21AF Application for request for service abroad
- 21AG How application to be dealt with
- 21AH Procedure on receipt of certificate of service
- 21AI Payment of costs
- 21AJ Evidence of service
- Division 3—Default judgment following service abroad of initiating process
- 21AK Application of Division
- 21AL Restriction on power to enter default judgment if certificate of service filed
- 21AM Restriction on power to enter default judgment if certificate of service not filed
- 21AN Setting aside judgment in default of appearance
Part IIAC—Service in countries that are parties to conventions other than the Hague Service Convention
- 21AO Application of Part
- 21AP Definitions for Part IIAC
- 21AQ Service in accordance with convention
- 21AR Request for service
- 21AS Certificate of service
Part IIA—Parentage testing procedures and reports
- Division 1—General
- Division 2—Collection, storage and testing of samples
- Division 3—Reports
  - 21M Reports—Form 5
- Division 4—Miscellaneous
  - 21N Notification of accredited laboratories and nominated reporters
Part III—Overseas orders
- Division 1—Overseas child orders
  - 23 Registration of overseas child orders
  - 24 Transmission of orders to overseas jurisdiction
- Division 2—Maintenance
Part IIIB—Parentage
- 39B Extension of provisions of Act
- 39BA Jurisdictions
Part IIIC—Jurisdiction of courts and related matters
- 39BB Certain jurisdiction of Federal Circuit and Family Court of Australia (Division 2) must not be exercised in States and Territories
- 39C Jurisdiction of courts
- 39D Convention countries
Part IV—Convention on recovery abroad of maintenance
- 40 Interpretation of Part IV
- 45 Immunity of Secretary from orders to pay costs
- 48 Convention countries
- 50 Applications by persons in convention countries for recovery of maintenance under Commonwealth, State or Territory law
- 50A Proceedings on behalf of persons in convention countries for recovery of maintenance
- 50B Return of applications
- 51 Certain requests to be made only with leave of court
- 53 Taking of evidence at request of appropriate authority in convention countries
- 54 Obtaining evidence in convention countries for purposes of proceedings under this Part
- 55 Admissibility of evidence given in convention countries
- 56 Orders of court in convention countries
Part V—Arbitration
- 67A Definitions for Part V
- 67B Prescribed requirements for arbitrator (Act s 10M)
- 67C Matters that may not be arbitrated
- 67D Application for referral to arbitration (Act s 13E)
- 67E Application relating to relevant property or financial arbitration (Act s 13F)
- 67F Arbitration agreement
- 67G Notice of arbitration
- 67H Costs of arbitration
- 67I Duties of arbitrator
- 67J Oath or affirmation by arbitrator
- 67K Suspension of arbitration—failure to comply with direction
- 67L Termination of arbitration—lack of capacity
- 67M Appearance in arbitration
- 67N Attendance of persons to give evidence
- 67O Application of rules of evidence
- 67P Making an award
- 67Q Registration of award (Act s 13H)
- 67R Notice of registration of award
- 67S Enforcement of registered awards
- 67T Registration of decree affecting registered award
Part VI—Repeal and savings
- 80 Savings in relation to the former Regulations
- 81 Transitional matters in connection with Family Law Amendment Regulations 2000 (No. 2)
- 83 Transitional matters relating to Family Law Amendment Regulation 2012 (No. 4)
Form 1A—Request for service abroad of judicial documents and certificate
Form 1B—Summary of the document to be served
Form 2—Parentage testing procedure Affidavit by/in relation to donor
Form 4—Parentage testing procedure Collection of bodily samples
Form 5—Parentage testing procedure report
Form 6—Application for arbitration
Form 7—Application relating to relevant property or financial arbitration
Form 8—Application to register arbitration award
Form 9—Application to register decree affecting registered arbitration award
Schedule 1A—Countries or parts of countries, declared to be prescribed overseas jurisdictions for certain purposes
Schedule 2—Reciprocating jurisdictions
Schedule 3—Convention on the recovery abroad of maintenance
Schedule 4—Convention countries
Schedule 4A—Jurisdictions and convention countries
Schedule 5—Prescribed laws—definition of child welfare law in subsection 4(1) of the Act
Schedule 8—Family violence order—prescribed laws of State or Territory
Schedule 9—Evidence relating to child abuse or family violence—prescribed State or Territory agencies
Schedule 9A—Professional confidential relationship privilege—prescribed laws
Schedule 10—Protected Names
Schedule 11—Protected Symbols
- Endnotes

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Family Law Regulations 1984

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Family Law Regulations 1984