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Family Law Regulations 2024

In force

Administered by

Attorney-General's Department

This item is authorised by the following title:

Family Law Act 1975

Latest version

F2024L01638

13 December 2024

Table of contents

Part 1—Introduction
- Division 1—Preliminary
- 1 Name
- 2 Commencement
- 3 Authority
- Division 2—Definitions
- 4 Definitions
- 5 Meaning of child welfare law—prescribed State or Territory laws
- 6 Meaning of child welfare officer—prescribed State or Territory offices
- 7 Meaning of family violence order—prescribed State or Territory laws
- 8 Meaning of forfeiture order—declared State and Territory orders
- 9 Meaning of income tested pension, allowance or benefit—prescribed pensions, allowances or benefits
- 10 Meaning of prescribed overseas jurisdiction
- 11 Meaning of restraining order—declared State and Territory orders
- 12 Definition of State or Territory proceeds of crime law—declared State or Territory corresponding laws
- 13 Meaning of de facto relationship—prescribed laws and relationships
- 14 Definition of proceeds of crime authority
- Division 3—Directions and orders
- 15 Directions as to practice and procedure
- 16 Non compliance with this instrument
- 17 Court or relevant Registrar may relieve from consequences of non compliance
Part 2—Protection of names and symbols
- 18 Protected names
- 19 Protected symbols
Part 3—Arbitration
- 20 Purposes of this Part
- 21 Prescribed requirements for arbitrator
- 22 Meaning of arbitration agreement
- 23 Disputes, proceedings or matters that may not be arbitrated
- 24 Application for referral to arbitration
- 25 Application relating to relevant property or financial arbitration
- 26 Action arbitrator must take before arbitrating a dispute, proceeding or matter
- 27 Arbitration agreement
- 28 Costs of arbitration
- 29 Duties of arbitrator
- 30 Oath or affirmation by arbitrator
- 31 Suspension of arbitration—failure to comply with direction
- 32 Termination of arbitration—inability to take part
- 33 Appearance in arbitration
- 34 Attendance of persons to give evidence
- 35 Application of rules of evidence
- 36 Making an award
- 37 Registration of award
- 38 Enforcement of registered award
- 39 Registration of decree affecting registered award
Part 4—Family consultants
- 40 Appointment of family consultants
Part 5—Obligations to inform people about non court based family services and about court’s processes and services
- 41 Prescribed information about non court based family services and court’s processes and services
- 42 Prescribed information about reconciliation
- 43 Prescribed information about Part VII proceedings
Part 6—Jurisdiction of Courts
- 44 Certain jurisdiction of Federal Circuit and Family Court of Australia (Division 2) must not be exercised in States and Territories
- 45 Proceedings for divorce order not to be instituted in a court of summary jurisdiction other than a prescribed court
- 46 Jurisdiction of courts
Part 7—Children
- Division 1—Interpretation—how the family law applies to certain children
- Division 2—Family dispute resolution
  - 50 Other circumstances in which court is not prevented from hearing an application for Part VII order
- Division 3—Obligations under parenting orders relating to taking or sending children from Australia
  - 51 Authentication of consent in writing
- Division 4—Location and recovery of children
  - 52 Commonwealth information orders—prescribed Departments and Commonwealth instrumentalities
- Division 5—Orders for information etc. in child related proceedings
  - 53 Information sharing agencies
  - 54 Information sharing safeguards
- Division 6—Family violence
  - 55 Registration of court decision
- Division 7—Parentage evidence
- Division 8—Principles for conducting child related proceedings: matters relating to evidence
- 70 Evidence relating to professional confidential relationship privilege—specified laws
- Division 9—State, Territory and overseas orders
- Subdivision A—Registration of State and Territory orders
  - 71 State child orders for and in relation to which applicable Rules of Court may make provision—prescribed States
- Subdivision B—Registration of overseas orders
  - 72 Registration of overseas child orders
- Subdivision C—Transmission of Australian orders to overseas jurisdictions
  - 73 Transmission of orders to overseas jurisdiction
Part 8—Orders and injunctions binding third parties
- 74 Third party expenses
Part 9—Registration and enforcement of decrees
- 75 Registration of decrees
- 76 Inter State enforcement of child bearing expenses order
Part 10—International conventions, international agreements and international enforcement
- Division 1—General
  - 77 Extension of provisions of the Act
- Division 2—Service under the Hague Service Convention
- Division 3—Service in countries that are parties to conventions other than the Hague Service Convention
- Division 4—Overseas maintenance orders
- Division 5—Convention on the Recovery Abroad of Maintenance
Part 11—Sanctions for failure to comply with orders, and other obligations, that do not affect children
- 136 Prescribed maximum period—sentence or order
Part 12—Declarations and injunctions
- 137 Operation of State and Territory laws—prescribed laws
Part 13—Restriction on communication of accounts and lists of proceedings
- 138 When a communication is not a communication to the public—prescribed authorities of States or Territories that have responsibilities relating to the welfare of children
Part 14—Miscellaneous
- 139 Priority of attachment orders
Part 15—Application, saving and transitional provisions
- 140 Transition from the Family Law Regulations 1984
- 141 Things done under the Family Law Regulations 1984
- 142 Conduct, event or circumstance occurring before commencement of this instrument
- 143 Directions and relief relating to non compliance
- 144 Saving of certain provisions of the Family Law Regulations 1984
- 145 Arbitration matters
- 146 Cancellation of registration of overseas maintenance agreement registered before 1 July 2000
- 147 Continuation of appointment of family consultants
- 148 Continuation of list of accredited laboratories and nominated reporters
- 149 Parentage testing procedures
Schedule 1—Countries, or parts of countries, declared to be prescribed overseas jurisdictions for certain purposes
- 1 Prescribed overseas jurisdictions
Schedule 2—Reciprocating jurisdictions etc.
- 1 Reciprocating jurisdictions etc.
Schedule 3—Forms
- Part 1—International Conventions
  - Form 1—Request for service abroad of judicial documents and certificate
  - Form 2—Summary of the document to be served
- Part 2—Parentage evidence
- Part 3—Arbitration
Schedule 4—Jurisdictions and Recovery Convention countries
- 1 Jurisdictions
Schedule 4A—Jurisdictions and Convention countries
- 1 Jurisdictions