TABLE OF PROVISIONS
PART I–PRELIMINARY
1. Short title [see Note 1]
2. Commencement [see Note 1]
3. Repeal and saving
4. Interpretation
4AA. De facto relationships
4A. Third party proceedings to set aside financial agreement
4B. Third party proceedings to set aside Part VIIIAB financial agreement
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
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 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’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
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. Family Court and Federal Magistrates Court may determine questions of law referred by arbitrator
13H. Awards made in arbitration may be registered in court
13J. Family Court or Federal Magistrates Court can review registered awards
13K. Family Court and Federal Magistrates Court may set aside registered awards
PART IV–THE FAMILY COURT OF AUSTRALIA
Division 1–Interpretation
20. Interpretation
Division 2–The Family Court of
21. Creation of Court
21A. Divisions of Court
21B. Arrangement of business of Court
Division 3–Judges
22. Appointment, removal and resignation of Judges
23. Seniority
24. Absence or illness of Chief Judge
25. Salary and Allowances
26. Oath or affirmation of allegiance and office
Division 4–Judicial Registrars
26A. Judicial Registrars
26B. Powers of Judicial Registrars
26C. Review of decisions of Judicial Registrars
26D. Exercise of delegated powers by Court
26E. Application of the Legislative Instruments Act 2003 to rules of court
26F. Independence of Judicial Registrars
26G. Judicial Registrars hold office on full time or part time basis
26H. Qualifications for appointment etc.
26I. Term of office
26J. Remuneration and allowances
26JA. Leave of absence
26K. Resignation
26L. Termination of appointment
26M. Oath or affirmation of office
26N. Terms and conditions of appointment not provided for by Act
Division 5–Jurisdiction and exercise of jurisdiction
27. Place of sitting
27A. Change of venue
28. Exercise of jurisdiction
30. Court divided in opinion
31. Original jurisdiction of Family Court
33. Jurisdiction in associated matters
33A. Proceedings not to be instituted in the Family Court if an associated matter is before the Federal Magistrates Court
33B. Discretionary transfer of proceedings to the Federal Magistrates Court
33C. Mandatory transfer of proceedings to the Federal Magistrates Court
34. Issue of certain writs etc.
35. Contempt of court
Division 6–Registries and officers
36. Registries
37. Officers of Court
37A. Delegation of powers to Registrars
37AA. Delegation to Registrars of powers exercisable by court as constituted in a particular way
37B. Independence of Registrars
37C. Oath or affirmation of office
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 1A–Administration of Court’s family services
38BA. Chief Executive Officer has functions of family consultants
38BB. Chief Executive Officer may delegate powers and functions that relate to family consultants
38BC. Chief Executive Officer may give directions that relate to family services functions
38BD. Chief Executive Officer may authorise officer or staff member to act as family counsellor or family dispute resolution practitioner
Division 2–Appointment, powers etc
38C. Appointment of Chief Executive Officer
38D. Powers of Chief Executive Officer
38E. Remuneration of Chief Executive Officer
38F. Terms and conditions of appointment of Chief Executive Officer
38G. Leave of absence
38H. Resignation
38J. Outside employment of Chief Executive Officer
38K. Termination of appointment
38L. Disclosure of interests by Chief Executive Officer
38M. Acting Chief Executive Officer
Division 3–Other officers and staff of Registries
38N. Personnel other than the Chief Executive Officer
38P. Marshal
38Q. Statutory Agency etc. for purposes of Public Service Act
38R. Engagement of consultants etc
Division 4–Miscellaneous administrative matters
38S. Annual report
38W. Delegation of administrative powers of Chief Judge
38X. Proceedings arising out of administration of Court
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 3–Other provisions
40. Jurisdiction of Family Court
40A. Exercise of jurisdiction of Federal Magistrates Court in certain States and Territories
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
46. Transfer of proceedings from court of summary jurisdiction in certain cases
47. Courts to act in aid of each other
PART VI–DIVORCE AND NULLITY OF MARRIAGE
50. Effect of resumption of cohabitation
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
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
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
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. Family Court may grant leave 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
60K. Court to take prompt action in relation to allegations 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
65X. Interpretation
65Y. Obligations if certain parenting orders have been made
65Z. Obligations if proceedings for the making of certain parenting orders are pending
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
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
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
67Z. Where party to proceedings 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
Subdivision E–Other orders about children
67ZC. Orders relating to welfare of children
67ZD. Orders for delivery of passports
Division 9–Injunctions
68A. What this Division does
68B. Injunctions
68C. Powers of arrest
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
69H. Jurisdiction of Family Court, State Family Courts, Northern Territory Supreme Court and Federal Magistrates 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
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. Registrar 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
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
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
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 DPP
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
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.
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
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.
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 DPP
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
90MA. Object of this Part
90MB. This Part overrides other laws, trust deeds etc.
90MC. Extended meanings of matrimonial cause and de facto financial cause
Subdivision B–Interpretation
90MD. Definitions
90MDA. Extended meaning of trustee
90ME. Splittable payments
90MF. Reversionary interest
90MG. Meaning of in force
Division 2–Payment splitting or flagging by agreement
Subdivision A–Superannuation agreements
90MH. Superannuation agreement to be included in financial agreement if about a marriage
90MHA. Superannuation agreement to be included in Part VIIIAB financial agreement if about a de facto relationship
Subdivision B–Payment splitting
90MI. Operative time for payment split
90MJ. Payment split under superannuation agreement or flag lifting agreement
Subdivision C–Payment flagging
90MK. Operative time for payment flag
90ML. Payment flag
90MLA. Some splittable payments payable if payment flag operating
90MM. Payment flag may be terminated by court
90MN. Flag lifting agreement etc.
Subdivision D–Miscellaneous
90MO. Limitation on section 79 or 90SM order
90MP. Separation declaration
90MQ. Superannuation interests in excess of low rate cap amount
90MR. Enforcement by court order
Division 3–Payment splitting or flagging by court order
90MS. Order under section 79 or 90SM may include orders in relation to superannuation interests
90MT. Splitting order
90MU. Flagging order
90MUA. Some splittable payments may be made without leave of court
Division 4–General provisions about payment splitting
90MV. Court may cancel payment split
90MW. Deductions from splittable payment before calculating payment split
90MX. Multiple payment splits applying to the same splittable payment
90MY. Fees payable to trustee
90MZ. Superannuation preservation requirements
90MZA. Waiver of rights under payment split
90MZB. Trustee to provide information
90MZC. Death of non-member spouse
Division 5–Miscellaneous
90MZD. Orders binding on trustee
90MZE. Protection for trustee
90MZF. Service of documents on trustee
90MZG. False declarations
90MZH. Terminating employment because of payment flag etc.
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 the Federal Magistrates Court and the Magistrates Court of Western Australia
94AAA. Appeals to Family Court from the Federal Magistrates Court and the Magistrates Court of Western Australia
94AAB. Appeals, and applications for leave, without oral hearing
94AA. Leave to appeal needed in some cases
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
97. Procedure
98. Evidence by affidavit
98AA. Oaths and affirmations
98AB. Swearing of affidavits etc.
98A. Proceedings in absence of parties
100. Evidence of husbands and wives
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
102H. Putting documents to a split court
102J. Administration of oaths and affirmations
102K. Expenses
102L. New Zealand proceedings
Division 3–Split
102M. Determination that there is to be a split court
102N. Conditions for split court
PART XII–RECOGNITION OF DECREES
103. Decrees under this Act
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 Magistrates Court
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
114K. Disclosure of interests
114L. Other terms and conditions
114LA. Resignation
114LB. Termination of appointment
114LC. Annual reports
114LD. Delegation
114M. Staff
PART XV–MISCELLANEOUS
115. Family Law Council
116C. Payments to legal practitioners by legal aid bodies
117AA. Costs in proceedings relating to overseas enforcement and international Conventions
117AB. Costs where false allegation or statement made
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