FAMILY LAW ACT 1975
Table of Provisions
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
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
- 10B Definition of family counselling
- 10C Definition of family counsellor
- 10D Confidentiality of communications in family counselling
- 10E Admissibility of communications in family counselling and in referrals from family counselling
Division 3--Family dispute resolution
- 10F Definition of family dispute resolution
- 10G Definition of family dispute resolution practitioner
- 10H Confidentiality of communications in family dispute resolution
- 10J Admissibility of communications in family dispute resolution and in referrals from family dispute resolution
- 10K Family dispute resolution practitioners must comply with regulations
Division 4--Arbitration
- 10L Definition of arbitration
- 10M Definition of arbitrator
- 10N Arbitrators may charge fees for their services
- 10P Immunity of arbitrators
PART IIA--FAMILY--SAFETY RISK SCREENING
Division 1--Preliminary
- 10Q Simplified outline of this Part
- 10R Definition of family safety risk screening person
- 10S Definition of family safety risk screening information
- 10T Definition of family safety risk screening process
Division 2--Protection of family safety risk screening information
- 10U Confidentiality of family safety risk screening information
- 10V Admissibility of family safety risk screening information etc.
- 10W Immunity of family safety risk screening persons
PART III--FAMILY--CONSULTANTS
Division 1--About family consultants
- 11A Functions of family consultants
- 11B Definition of family consultant
- 11C Admissibility of communications with family consultants and referrals from family consultants
- 11D Immunity of family consultants
Division 2--Courts' use of family consultants
- 11E Courts to consider seeking advice from family consultants
- 11F Court may order parties to attend, or arrange for child to attend, appointments with a family consultant
- 11G Consequences of failure to comply with order under section 11F
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
- 12B Prescribed information about non - court based family services and court's processes and services
- 12C Prescribed information about reconciliation
- 12D Prescribed information about Part VII proceedings
Division 3--Who must provide information, and when
- 12E Obligations on legal practitioners
- 12F Obligations on principal executive officers of courts
- 12G Obligations on family counsellors, family dispute resolution practitioners and arbitrators
PART IIIB--COURT----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
- 13E Court may refer Part VIII proceedings or Part VIIIAB proceedings to arbitration
- 13F Court may make orders to facilitate arbitration of certain disputes
- 13G Federal Circuit and Family Court of Australia (Division 2) may determine questions of law referred by arbitrator
- 13H Awards made in arbitration may be registered in court
- 13J Federal Circuit and Family Court of Australia (Division 2) can review registered awards
- 13K Federal Circuit and Family Court of Australia may set aside registered awards
PART V--JURISDICTION--OF COURTS
Division 1--Jurisdiction in matrimonial causes
- 39 Jurisdiction in matrimonial causes
Division 2--Jurisdiction in de facto financial causes
- 39A Instituting proceedings
- 39B Jurisdiction in de facto financial causes
- 39C Ceasing jurisdiction of Supreme Court of the Northern Territory of Australia
- 39D Ceasing jurisdiction of State or Territory courts of summary jurisdiction
- 39E Revoking Proclamations ceasing jurisdiction of State or Territory courts
- 39F Territory court does not have jurisdiction unless a party is ordinarily resident in the Territory
- 39G Jurisdiction in relation to transferred matters under other Commonwealth laws
Division 2A--Jurisdiction in matters arising under Part VIIIC
Division 3--Other provisions
- 40 Limitations on jurisdiction of Federal Circuit and Family Court of Australia (Division 2) and of State and Territory Supreme Courts
- 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 divorce order
- 45 Stay and transfer of proceedings
- 45A Summary decrees
- 46 Transfer of proceedings from court of summary jurisdiction in certain cases
- 46A Prescribing value of property for the purposes of section 46
- 47 Courts to act in aid of each other
Division 4--Appeals
- 47A Appeals from courts of summary jurisdiction
- 47B Leave to appeal needed for child support matters
- 47BA Appeals relating to matters arising under Part VIIIC
- 47C Appeal may be dismissed if no reasonable prospect of success
- 47D Appeals to High Court may not be brought
- 47E Regulations to be sole source of certain appellate jurisdiction
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 Remarriage
- 60 No appeal after divorce order takes effect
PART VII--CHILDREN
Division 1--Introductory
Subdivision A--What this Division does- 60A What this Division does Subdivision B--Object, principles and outline
- 60B Objects of Part and principles underlying it
- 60C Outline of Part Subdivision BA--Best interests of the child: court proceedings
- 60CA Child's best interests paramount consideration in making a parenting order
- 60CB Proceedings to which Subdivision applies
- 60CC How a court determines what is in a child's best interests
- 60CD How the views of a child are expressed
- 60CE Children not required to express views
- 60CF Informing court of relevant family violence orders
- 60CG Court to consider risk of family violence
- 60CH Informing court of care arrangements under child welfare laws
- 60CI Informing court of notifications to, and investigations by, prescribed State or Territory agencies Subdivision BB--Best interests of the child: adviser's obligations
- 60D Adviser's obligations in relation to best interests of the child Subdivision C--Interpretation and application of Part
- 60E Application of Part to void marriages Subdivision D--Interpretation--how this Act applies to certain children
- 60EA Definition of de facto partner
- 60F Certain children are children of marriage etc.
- 60G Leave may be granted for adoption proceedings by prescribed adopting parent
- 60H Children born as a result of artificial conception procedures
- 60HA Children of de facto partners
- 60HB Children born under surrogacy arrangements Subdivision E--Family dispute resolution
- 60I Attending family dispute resolution before applying for Part VII order
- 60J Family dispute resolution not attended because of child abuse or family violence
Division 2--Parental responsibility
- 61A What this Division does
- 61B Meaning of parental responsibility
- 61C Each parent has parental responsibility (subject to court orders)
- 61D Parenting orders and parental responsibility
- 61DA Presumption of equal shared parental responsibility when making parenting orders
- 61DB Application of presumption of equal shared parental responsibility after interim parenting order made
- 61E Effect of adoption on parental responsibility
- 61F Application to Aboriginal or Torres Strait Islander children
Division 3--Reports relating to children under 18
- 62A What this Division does
- 62B Court's obligation to inform people to whom Part VII orders apply about family counselling, family dispute resolution and other family services
- 62G Reports by family consultants
Division 4--Parenting plans
- 63A What this Division does
- 63B Parents encouraged to reach agreement
- 63C Meaning of parenting plan and related terms
- 63CAA Parenting plans may include child support provisions
- 63D Parenting plan may be varied or revoked by further written agreement
- 63DA Obligations of advisers
- 63DB Registered parenting plans
- 63E Registration of a revocation of a registered parenting plan
- 63F Child welfare provisions of registered parenting plans
- 63G Child maintenance provisions of registered parenting plans--where not enforceable as maintenance agreements
- 63H Court's powers to set aside, discharge, vary, suspend or revive registered parenting plans
Division 5--Parenting orders--what they are
- 64A What this Division does
- 64B Meaning of parenting order and related terms
- 64C Parenting orders may be made in favour of parents or other persons
- 64D Parenting orders subject to later parenting plans
Division 6--Parenting orders other than child maintenance orders
Subdivision A--Introductory- 65A What this Division does
- 65AA Child's best interests paramount consideration in making a parenting order
- 65B Division does not apply to child maintenance orders Subdivision B--Applying for and making parenting orders
- 65C Who may apply for a parenting order
- 65D Court's power to make parenting order
- 65DAA Court to consider child spending equal time or substantial and significant time with each parent in certain circumstances
- 65DAB Court to have regard to parenting plans
- 65DAC Effect of parenting order that provides for shared parental responsibility
- 65DAE No need to consult on issues that are not major long - term issues
- 65DA Parenting orders
- 65F General requirements for counselling before parenting order made
- 65G Special conditions for making parenting order about whom a child lives with or the allocation of parental responsibility by consent in favour of non - parent
- 65H Children who are 18 or over or who have married or entered de facto relationships
- 65J Effect of adoption on parenting order
- 65K What happens when parenting order that deals with whom a child lives with does not make provision in relation to death of parent with whom child lives
- 65L Family consultants may be required to supervise or assist compliance with parenting orders
- 65LA Court may order attendance at a post - separation parenting program
- 65LB Conditions for providers of post - separation parenting programs Subdivision C--General obligations created by certain parenting orders
- 65M General obligations created by parenting order that deals with whom a child lives with
- 65N General obligations created by parenting order that deals with whom a child spends time with
- 65NA General obligations created by parenting order that deals with whom a child communicates with
- 65P General obligations created by parenting order that allocates parental responsibility
- 65Q Court may issue warrant for arrest of alleged offender Subdivision D--Dealing with people who have been arrested
- 65R Situation to which Subdivision applies
- 65S Arrested person to be brought before a court
- 65T Obligation of court--where application before it to deal with contravention
- 65U Obligation of court--where no application before it, but application before another court, to deal with contravention
- 65V Obligation of court--where no application before any court to deal with contravention
- 65W Applications heard as required by subsection 65T(2) or paragraph 65U(3)(b) Subdivision E--Obligations under parenting orders relating to taking or sending children from Australia
- 65X Interpretation
- 65Y Obligations if certain parenting orders have been made: taking or sending a child outside Australia
- 65YA Obligations if certain parenting orders have been made: retaining a child outside Australia
- 65Z Obligations if proceedings for the making of certain parenting orders are pending: taking or sending a child outside Australia
- 65ZAA Obligations if proceedings for the making of certain parenting orders are pending: retaining a child outside Australia
- 65ZA Obligations of owners etc. of aircraft and vessels if certain parenting orders made
- 65ZB Obligations of owners etc. of aircraft and vessels if proceedings for the making of certain parenting orders are pending
- 65ZC General provisions applicable to sections 65ZA and 65ZB
- 65ZD State or Territory laws stopping children leaving Australia not affected
- 65ZE Extended geographical jurisdiction--category D
Division 7--Child maintenance orders
Subdivision A--What this Division does- 66A What this Division does Subdivision B--Objects and principles
- 66B Objects
- 66C Principles--parents have primary duty to maintain
- 66D Principles--when step - parents have a duty to maintain Subdivision C--Relationship with Child Support (Assessment) Act
- 66E Child maintenance order not to be made etc. if application for administrative assessment of child support could be made Subdivision D--Applying for and making child maintenance orders
- 66F Who may apply for a child maintenance order
- 66G Court's power to make child maintenance order
- 66H Approach to be taken in proceedings for child maintenance order
- 66J Matters to be taken into account in considering financial support necessary for maintenance of child
- 66K Matters to be taken into account in determining contribution that should be made by party etc.
- 66L Children who are 18 or over
- 66M When step - parents have a duty to maintain
- 66N Determining financial contribution of step - parent Subdivision E--Other aspects of courts' powers
- 66P General powers of court
- 66Q Urgent child maintenance orders
- 66R Specification in orders of payments etc. for child maintenance purposes
- 66S Modification of child maintenance orders Subdivision EA--Varying the maintenance of certain children
- 66SA Varying the maintenance of certain children Subdivision F--When child maintenance orders stop being in force
- 66T Effect of child turning 18
- 66U Effect of death of child, person liable to pay or person entitled to receive
- 66V Effect of adoption, marriage or entering into a de facto relationship
- 66VA Children who are 18 or over: change of circumstances
- 66W Recovery of arrears Subdivision G--Recovery of amounts paid under maintenance orders
- 66X Recovery of amounts paid, and property transferred or settled, under maintenance orders
Division 8--Other matters relating to children
Subdivision A--What this Division does- 67A What this Division does Subdivision B--Father's liability to contribute towards child bearing expenses if not married to mother
- 67B Father liable to contribute towards maintenance and expenses of mother
- 67C Matters to be taken into account in proceedings under Subdivision
- 67D Powers of court in proceedings under Subdivision
- 67E Urgent orders
- 67F Who may institute proceedings
- 67G Time limit for institution of proceedings Subdivision C--Location and recovery of children
- 67J Meaning of location order and Commonwealth information order
- 67K Who may apply for a location order
- 67L Child's best interests paramount consideration in making a location order
- 67M Provisions about location orders, other than Commonwealth information orders
- 67N Provisions about Commonwealth information orders
- 67P Information provided under location order not to be disclosed except to limited persons
- 67Q Meaning of recovery order
- 67R How recovery orders authorise or direct people
- 67S How recovery orders to stop and search etc. name or describe vehicles, places etc.
- 67T Who may apply for a recovery order
- 67U Court's power to make recovery order
- 67V Child's best interests paramount consideration in making a recovery order
- 67W How long recovery order remains in force
- 67X Persons not to prevent or hinder taking of action under recovery order
- 67Y Obligation to notify persons of child's return Subdivision D--Allegations of child abuse and family violence
- 67Z Where interested person makes allegation of child abuse
- 67ZA Where member of the Court personnel, family counsellor, family dispute resolution practitioner or arbitrator suspects child abuse etc.
- 67ZB No liability for notification under section 67Z or 67ZA
- 67ZBA Where interested person makes allegation of family violence
- 67ZBB Court to take prompt action in relation to allegations of child abuse or family violence Subdivision E--Other orders about children
- 67ZC Orders relating to welfare of children
- 67ZD Orders for delivery of travel documents
Division 9--Injunctions
Division 10--Independent representation of child's interests
- 68L Court order for independent representation of child's interests
- 68LA Role of independent children's lawyer
- 68M Order that child be made available for examination
Division 11--Family violence
- 68N Purposes of this Division
- 68P Obligations of court making an order or granting an injunction under this Act that is inconsistent with an existing family violence order
- 68Q Relationship of order or injunction made under this Act with existing inconsistent family violence order
- 68R Power of court making a family violence order to revive, vary, discharge or suspend an existing order, injunction or arrangement under this Act
- 68S Application of Act and Rules when exercising section 68R power
- 68T Special provisions relating to proceedings to make an interim (or interim variation of) family violence order
Division 12--Proceedings and jurisdiction
Subdivision A--What this Division does- 69A What this Division does Subdivision B--Institution of proceedings and procedure
- 69B Certain proceedings to be instituted only under this Part
- 69C Who may institute proceedings
- 69D Institution of maintenance proceedings by authorised authority or person
- 69E Child or parent to be present in Australia etc.
- 69F Applicant may be in contempt Subdivision C--Jurisdiction of courts
- 69G Interpretation
- 69GA Operation of this Subdivision in relation to prescribed courts
- 69H Jurisdiction of Federal Circuit and Family Court of Australia (Division 2), State Family Courts and Northern Territory Supreme Court
- 69J Jurisdiction of courts of summary jurisdiction
- 69K Territory court does not have jurisdiction unless a party is ordinarily resident in the Territory
- 69L Jurisdiction in relation to transferred matters under other Commonwealth laws
- 69M Jurisdiction is additional to other jurisdiction
- 69N Transfer of proceedings from courts of summary jurisdiction in certain cases Subdivision D--Presumptions of parentage
- 69P Presumptions of parentage arising from marriage
- 69Q Presumption of paternity arising from cohabitation
- 69R Presumption of parentage arising from registration of birth
- 69S Presumptions of parentage arising from findings of courts
- 69T Presumption of paternity arising from acknowledgments
- 69U Rebuttal of presumptions etc. Subdivision E--Parentage evidence
- 69V Evidence of parentage
- 69VA Declarations of parentage
- 69W Orders for carrying out of parentage testing procedures
- 69X Orders associated with parentage testing orders
- 69XA Matters related particularly to parentage testing for purposes of an international agreement or arrangement
- 69Y Orders directed to persons 18 or over
- 69Z Orders directed to children under 18
- 69ZA No liability if parent etc. consents
- 69ZB Regulations about carrying out, and reporting on, parentage testing procedures
- 69ZC Reports of information obtained may be received in evidence
- 69ZD Parentage testing for purposes of international maintenance agreements Subdivision F--Extension, application and additional operation of Part
- 69ZE Extension of Part to the States
- 69ZF Unless declaration in force, Part's extension to a State has effect subject to modifications
- 69ZG Application of Part in, and in relation to, Territories
- 69ZH Additional application of Part
- 69ZJ Additional jurisdiction of courts
- 69ZK Child welfare laws not affected Subdivision G--Short form reasons for decisions relating to interim parenting orders
- 69ZL Short form reasons for decisions relating to interim parenting orders
Division 12A--Principles for conducting child-related proceedings
Subdivision A--Proceedings to which this Division applies- 69ZM Proceedings to which this Division applies Subdivision B--Principles for conducting child-related proceedings
- 69ZN Principles for conducting child - related proceedings
- 69ZO This Division also applies to proceedings in Chambers
- 69ZP Powers under this Division may be exercised on court's own initiative Subdivision C--Duties and powers related to giving effect to the principles
- 69ZQ General duties
- 69ZR Power to make determinations, findings and orders at any stage of proceedings
- 69ZS Use of family consultants Subdivision D--Matters relating to evidence
- 69ZT Rules of evidence not to apply unless court decides
- 69ZV Evidence of children
- 69ZW Evidence relating to child abuse or family violence
- 69ZX Court's general duties and powers relating to evidence
Division 13--State, Territory and overseas orders
Subdivision A--What this Division does- 70A What this Division does Subdivision B--Registration of State and Territory orders
- 70C General registration of orders made under law of prescribed State
- 70D Registration of orders in a particular State
- 70E Effect of registration Subdivision C--Registration of overseas orders
- 70G Registration of orders
- 70H Effect of registration--general
- 70J Effect of registration on exercise of jurisdiction
- 70K Cancellation of registration if Subdivision C parenting order made
- 70L Relationship between Australian orders and registered overseas child orders Subdivision D--Transmission of Australian orders to overseas jurisdictions
- 70M Registry Manager to send documents etc. to overseas jurisdiction
- 70N Regulations may deal with sending Australian orders etc. to overseas jurisdiction
Division 13A--Consequences of failure to comply with orders, and other obligations, that affect children
Subdivision A--Preliminary- 70NAA Simplified outline of Division
- 70NAB Application of Division
- 70NAC Meaning of contravened an order
- 70NAD Requirements taken to be included in certain orders
- 70NAE Meaning of reasonable excuse for contravening an order
- 70NAF Standard of proof Subdivision B--Court's power to vary parenting order
- 70NBA Variation of parenting order
- 70NBB Effect of parenting plan Subdivision C--Contravention alleged but not established
- 70NCA Application of Subdivision
- 70NCB Costs Subdivision D--Contravention established but reasonable excuse for contravention
- 70NDA Application of Subdivision
- 70NDB Order compensating person for time lost
- 70NDC Costs Subdivision E--Contravention without reasonable excuse (less serious contravention)
- 70NEA Application of Subdivision
- 70NEB Powers of court
- 70NEC Bonds
- 70NECA Procedure for enforcing bonds
- 70NED Duties of provider of post - separation parenting program
- 70NEF Evidence
- 70NEG Court may make further orders in relation to attendance at program Subdivision F--Contravention without reasonable excuse (more serious contravention)
- 70NFA Application of Subdivision
- 70NFB Powers of court
- 70NFC When court is empowered to make a community service order
- 70NFD Variation and discharge of community service orders
- 70NFE Bonds
- 70NFF Procedure for enforcing community service orders or bonds
- 70NFG Sentences of imprisonment
- 70NFH Relationship between Subdivision and other laws
- 70NFI Arrangements with States and Territories for carrying out of sentences and orders
- 70NFJ Subdivision does not limit operation of section 105
Division 14--Miscellaneous
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- 90AA Object of this Part
- 90AB Definitions
- 90AC This Part overrides other laws, trust deeds etc.
- 90ACA This Part not to apply to certain annuities
- 90AD Extended meaning of matrimonial cause and property
- 90ADA Other provisions of this Act not affected by 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
- 90AG Orders and injunctions binding on trustees
- 90AH Protection for a third party
- 90AI Service of documents on a third party
- 90AJ Expenses of third party
- 90AK Acquisition of property
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
Subdivision A--Meaning of key terms- 90RA Participating jurisdictions
- 90RB Meaning of child of a de facto relationship Subdivision B--Relationship with State and Territory laws
- 90RC Relationship with State and Territory laws Subdivision C--Declarations about existence of de facto relationships
- 90RD Declarations about existence of de facto relationships
- 90RE Effect of declarations
- 90RF Applying for declarations
- 90RG Geographical requirement
- 90RH Setting aside declarations
Division 2--Maintenance, declarations of property interests and alterations of property interests
Subdivision A--Application of Division- 90SA This Division does not apply to certain matters covered by binding financial agreements
- 90SB When this Division applies--length of relationship etc.
- 90SC This Division ceases to apply in relation to a de facto relationship if the parties marry each other Subdivision B--Maintenance
- 90SD Geographical requirement
- 90SE Power of court in maintenance proceedings
- 90SF Matters to be taken into consideration in relation to maintenance
- 90SG Urgent maintenance cases
- 90SH Specification in orders of payments etc. for maintenance purposes
- 90SI Modification of maintenance orders
- 90SJ Cessation of maintenance orders Subdivision C--Declarations and alterations of property interests
- 90SK Geographical requirement
- 90SL Declaration of interests in property
- 90SM Alteration of property interests
- 90SN Varying and setting aside orders altering property interests Subdivision D--Notification of application
- 90SO Notifying third parties about application
- 90SP Notifying bankruptcy trustee etc. about application under section 90SE, 90SL, 90SM or 90SN
- 90SQ Notifying court about bankruptcy etc.
- 90SR Notifying non - bankrupt de facto party about application under section 139A of the Bankruptcy Act 1966 Subdivision E--Court powers
- 90SS General powers of court
- 90ST Duty of court to end financial relations
Division 3--Orders and injunctions binding third parties
- 90TA Orders and injunctions binding third parties
Division 4--Financial agreements
- 90UA Geographical requirement for agreements made in participating jurisdictions
- 90UB Financial agreements before de facto relationship
- 90UC Financial agreements during de facto relationship
- 90UD Financial agreements after breakdown of a de facto relationship
- 90UE Agreements made in non - referring States that become Part VIIIAB financial agreements
- 90UF Need for separation declaration for certain provisions of financial agreement to take effect
- 90UG Whether or when certain other provisions of financial agreements take effect
- 90UH Requirements with respect to provisions in financial agreements relating to the maintenance of a party or a child or children
- 90UI Certain provisions in financial agreements
- 90UJ When financial agreements are binding
- 90UK Effect of death of party to financial agreement
- 90UL Termination of financial agreement
- 90UM Circumstances in which court may set aside a financial agreement or termination agreement
- 90UN Validity, enforceability and effect of financial agreements and termination agreements
Division 5--Proceeds of crime and forfeiture
- 90VA Notification of proceeds of crime orders etc.
- 90VB Court to stay property or maintenance proceedings affected by proceeds of crime orders etc.
- 90VC Lifting a stay
- 90VD Intervention by proceeds of crime authority
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- 90XA Object of this Part
- 90XB This Part overrides other laws, trust deeds etc.
- 90XC Extended meanings of matrimonial cause and de facto financial cause Subdivision B--Interpretation
- 90XD Definitions
- 90XDA Extended meaning of trustee
- 90XE Splittable payments
- 90XF Reversionary interest
- 90XG Meaning of in force
Division 2--Payment splitting or flagging by agreement
Subdivision A--Superannuation agreements- 90XH Superannuation agreement to be included in financial agreement if about a marriage
- 90XHA Superannuation agreement to be included in Part VIIIAB financial agreement if about a de facto relationship Subdivision B--Payment splitting
- 90XI Operative time for payment split
- 90XJ Payment split under superannuation agreement or flag lifting agreement Subdivision C--Payment flagging
- 90XK Operative time for payment flag
- 90XL Payment flag
- 90XLA Some splittable payments payable if payment flag operating
- 90XM Payment flag may be terminated by court
- 90XN Flag lifting agreement etc. Subdivision D--Miscellaneous
- 90XO Limitation on section 79 or 90SM order
- 90XP Separation declaration
- 90XQ Superannuation interests in excess of low rate cap amount
- 90XR Enforcement by court order
Division 3--Payment splitting or flagging by court order
- 90XS Order under section 79 or 90SM may include orders in relation to superannuation interests
- 90XT Splitting order
- 90XU Flagging order
- 90XUA Some splittable payments may be made without leave of court
Division 4--General provisions about payment splitting
- 90XV Court may cancel payment split
- 90XW Deductions from splittable payment before calculating payment split
- 90XX Multiple payment splits applying to the same splittable payment
- 90XY Fees payable to trustee
- 90XZ Superannuation preservation requirements
- 90XZA Waiver of rights under payment split
- 90XZB Trustee to provide information
- 90XZC Death of non - member spouse
Division 5--Miscellaneous
- 90XZD Orders binding on trustee
- 90XZE Protection for trustee
- 90XZF Service of documents on trustee
- 90XZG False declarations
- 90XZH Terminating employment because of payment flag etc.
- 90XZJ Requests for Commissioner of Taxation to provide superannuation information
PART VIIIC--SUPERANNUATION--INTERESTS RELATING TO WESTERN AUSTRALIAN DE FACTO RELATIONSHIPS
Division 1--Preliminary
Subdivision A--Scope of this Part- 90YA Object of this Part
- 90YB Application of this Part
- 90YC This Part overrides other laws, trust deeds etc. Subdivision B--Interpretation
- 90YD Definitions
- 90YE Meaning of child of a de facto relationship
- 90YF Extended meaning of trustee
- 90YG Splittable payments
- 90YH Reversionary interest
- 90YI Meaning of in force Subdivision C--Rules of Court
- 90YJ Rules of Court
Division 2--Payment splitting or flagging by agreement
Subdivision A--Superannuation agreements- 90YK Superannuation agreement to be included in Western Australian financial agreement if about a de facto relationship
- 90YL Part VIIIB superannuation agreements that become superannuation agreements for the purposes of this Part Subdivision B--Payment splitting
- 90YM Operative time for payment split
- 90YN Payment split under superannuation agreement or flag lifting agreement Subdivision C--Payment flagging
- 90YO Operative time for payment flag
- 90YP Payment flag
- 90YQ Some splittable payments payable if payment flag operating
- 90YR Payment flag may be terminated by court
- 90YS Flag lifting agreement etc. Subdivision D--Miscellaneous
- 90YT Limitation on section 90YX order
- 90YU Separation declaration
- 90YV Superannuation interests in excess of low rate cap amount
- 90YW Enforcement by court order
Division 3--Payment splitting or flagging by court order
Subdivision A--Orders in relation to superannuation interests- 90YX Orders in relation to superannuation interests
- 90YY Splitting order
- 90YZ Flagging order
- 90YZA Some splittable payments may be made without leave of court
- 90YZB Geographical requirement
- 90YZC Length of relationship etc.
- 90YZD Other rules relating to proceedings under section 90YX
- 90YZE Varying and setting aside orders under section 90YX Subdivision B--Notification of application
- 90YZF Notifying third parties about application
- 90YZG Notifying bankruptcy trustee etc. about application under section 90YX or 90YZE
- 90YZH Notifying court about bankruptcy etc.
- 90YZI Notifying non - bankrupt de facto party about application under section 139A of the Bankruptcy Act 1966 Subdivision C--Duty of court to end financial relations
- 90YZJ Duty of court to end financial relations Subdivision D--Orders and injunctions binding third parties
- 90YZK Orders and injunctions binding third parties
Division 4--General provisions about payment splitting
- 90YZL Court may cancel payment split
- 90YZM Deductions from splittable payment before calculating payment split
- 90YZN Multiple payment splits applying to the same splittable payment
- 90YZO Fees payable to trustee
- 90YZP Superannuation preservation requirements
- 90YZQ Waiver of rights under payment split
- 90YZR Trustee to provide information
- 90YZS Death of non - member spouse
Division 5--Miscellaneous
- 90YZT Orders binding on trustee
- 90YZU Protection for trustee
- 90YZV Service of documents on trustee
- 90YZW False declarations
- 90YZX Terminating employment because of payment flag etc.
- 90YZY Requests for Commissioner of Taxation to provide superannuation information
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 XI--PROCEDURE--AND EVIDENCE
Division 1--General matters concerning procedure and evidence
- 97 Procedure
- 98 Evidence by affidavit
- 98A Proceedings in absence of parties
- 100 Evidence of husbands, wives or spouses
- 100B Children swearing affidavits, being called as witnesses or being present in court
- 101 Protection of witnesses
- 102 Proof of birth, parentage, death or marriage
- 102A Restrictions on examination of children
- 102B Assessors
Division 2--Use of video link, audio link or other appropriate means to give testimony, make appearances and give submissions etc.
- 102C Testimony
- 102D Appearance of persons
- 102E Making of submissions
- 102F Conditions for use of links
- 102G Putting documents to a person
- 102J Administration of oaths and affirmations
- 102K Expenses
- 102L New Zealand proceedings
Division 3--Cross-examination of parties where allegations of family violence
- 102NA Mandatory protections for parties in certain cases
- 102NB Court - ordered protections in other cases
- 102NC Review of this Division
PART XIA--SUPPRESSION--AND NON-PUBLICATION ORDERS
Division 1--Preliminary
- 102P Definitions
- 102PA Powers of a court not affected
- 102PB Other laws not affected
- 102PC Relationship with section 121
Division 2--Suppression and non-publication orders
- 102PD Safeguarding public interest in open justice
- 102PE Power to make orders
- 102PF Grounds for making an order
- 102PG Procedure for making an order
- 102PH Interim orders
- 102PI Duration of orders
- 102PJ Exception for court officials
- 102PK Contravention of order
PART XIB--VEXATIOUS--PROCEEDINGS
Division 1--Preliminary
- 102Q Definitions
- 102QA Powers of a court not affected
Division 2--Vexatious proceedings orders
Division 3--Particular consequences of vexatious proceedings orders
- 102QD Proceedings in contravention of vexatious proceedings order
- 102QE Application for leave to institute proceedings
- 102QF Dismissing application for leave
- 102QG Granting application for leave
PART XII--RECOGNITION--OF DECREES
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
- 109AA Rules of Court relating to enforcement--Federal Circuit and Family Court of Australia (Division 1)
- 109B Rules of Court relating to enforcement--Federal Circuit and Family Court of Australia (Division 2)
PART XIIIAA--INTERNATIONAL--CONVENTIONS, INTERNATIONAL AGREEMENTS AND INTERNATIONAL ENFORCEMENT
Division 1--International maintenance orders and agreements etc.
- 110 Overseas enforcement of maintenance orders etc.
- 110A Registration and enforcement in Australia of overseas maintenance agreements etc.
- 110B Transmission of agreements etc. to overseas jurisdictions
- 111 Convention on Recovery Abroad of Maintenance
- 111A Convention on Recognition and Enforcement of Decisions Relating to Maintenance Obligations
- 111AA Maintenance obligations with New Zealand
- 111AB Agreement between the Government of the United States of America and the Government of Australia for the enforcement of Maintenance (Support) Obligations
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
Subdivision A--Preliminary- 111CA Definitions
- 111CB Relationship between this Division and other provisions Subdivision B--Jurisdiction for the person of a child
- 111CC Application of this Subdivision
- 111CD Jurisdiction relating to the person of a child
- 111CE Limitation when a child is wrongfully removed from or retained outside a Convention country
- 111CF Limitations when prior proceedings pending in a Convention country
- 111CG If a court is asked to assume jurisdiction
- 111CH Limitation if a competent authority of a Convention country is asked to assume jurisdiction
- 111CI When a certain Commonwealth personal protection measure lapses Subdivision C--Jurisdiction for decisions about a guardian of a child's property
- 111CJ Application of this Subdivision
- 111CK Jurisdiction to appoint, or determine the powers of, a guardian for a child's property
- 111CL Limitation when a child is wrongfully removed from or retained outside a Convention country
- 111CM Limitations when prior proceedings pending in a Convention country
- 111CN If a court is asked to assume jurisdiction
- 111CO Limitation if a competent authority of a Convention country is asked to assume jurisdiction
- 111CP When a certain Commonwealth property protection measure lapses Subdivision D--Applicable law
- 111CQ Meaning of law
- 111CR Applicable law generally
- 111CS Applicable law concerning parental responsibility Subdivision E--Recognition of foreign measures
- 111CT Effect of registered foreign measures Subdivision F--Co-operation
- 111CU Obligation to obtain consent to place child
- 111CV Obligation to inform competent authority about serious danger to a child
- 111CW Court proceedings dealing with whom a child spends time with
- 111CX Jurisdiction for a location order or a Commonwealth information order
- 111CY Giving information to central authorities and competent authorities in Convention countries Subdivision G--Regulations
- 111CZ Regulations to implement the Convention
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
- 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 Bonds
- 112AG Additional sentencing alternatives
- 112AH Failure to comply with sentence passed, or order made, pursuant to paragraph 112AD(2)(b)
- 112AK Variation and discharge of orders
- 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
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
- 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
- 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
- 122AAA Protection of Registrars conducting conferences about property matters
- 122A Making arrests under this Act or warrants
- 122AA Powers to enter and search premises, and stop conveyances, for making arrests under this Act or warrants
- 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