FAMILY LAW ACT 1975

Commonwealth Consolidated Acts

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FAMILY LAW ACT 1975

TABLE OF PROVISIONS

Long Title

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

Division 5--Post-separation parenting programs

10PA. Admissibility of communications in post - separation parenting programs

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 IIIAA--FAMILY--REPORT WRITERS

11H. Family report writers
11J. Designated family reports
11K. Regulations prescribing standards and requirements for family report writers
11L. Disclosure by court to regulator
11M. Immunity of regulator

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 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 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

39H. Instituting proceedings
39J. 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
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 and outline

60B. Objects of Part
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, information sharing 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)
61CA. Consultation between parents on major long - term issues
61D. Parenting orders and parental responsibility
61DAA. Effect of parenting order that provides for joint decision - making about major long - term issues
61DAB. No need to consult on issues that are not major long - term issues
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
65DAAA. Reconsideration of final parenting orders
65DAB. Court to have regard to parenting plans
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 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 DA--Orders for information etc. in child-related proceedings

67ZBC. Meaning of information sharing agency
67ZBD. Order to provide particulars of documents or information relating to certain matters
67ZBE. Order to provide documents or information relating to certain matters
67ZBF. Disclosure of protected material
67ZBG. Advice to court about risk of disclosure
67ZBH. Admission of particulars, documents or information into evidence
67ZBI. Information sharing agencies and court must have regard to information sharing safeguards
67ZBJ. When orders may be made
67ZBK. Subpoena in respect of certain documents or information
67ZBL. Review of provisions

Subdivision E--Other orders about children

67ZC. Orders relating to welfare of children
67ZD. Orders for delivery of travel documents

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
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
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--Orders in proceedings relating to contraventions of child-related orders

Subdivision A--Preliminary

70NAA. Simplified outline
70NAB. Objects
70NAC. Meaning of contravene a child - related order
70NAD. Meaning of reasonable excuse for contravening a child - related order
70NADA. Burden of proof in relation to reasonable excuse
70NAE. Standard of proof

Subdivision B--Orders relating to contraventions of child-related orders

70NBA. Court may make orders in proceedings relating to contravention of child - related orders
70NBB. Make - up time parenting orders
70NBC. Variation and suspension of child - related orders that are parenting orders
70NBD. Post - separation parenting programs
70NBF. Orders where contravention established without reasonable excuse

Subdivision C--Further provisions relating to bonds and imprisonment

70NCA. Matters relating to bonds
70NCB. Procedure for enforcing bonds
70NCC. Matters relating to imprisonment
70NCD. Powers of court in relation to imprisoned person
70NCE. Rules relating to child maintenance orders and child support

Subdivision D--Miscellaneous

70NDA. Court may issue warrant for arrest of alleged offender
70NDB. Relationship between Division and prosecutions for offences under other laws
70NDC. Division does not limit operation of section 105

Division 14--Miscellaneous

Subdivision A--What this Division does

70P. What this Division does

Subdivision B--Dealing with people who have been arrested

70PA. Situation to which Subdivision applies
70PB. Arrested person to be brought before a court
70PC. Obligation of court--where application before it to deal with contravention
70PD. Obligation of court--where no application before it, but application before another court, to deal with contravention
70PE. Obligation of court--where no application before any court to deal with contravention
70PF. Applications heard as required by subsection 70PC(2) or paragraph 70PD(3)(b)

Subdivision C--Other matters

70Q. Certain instruments not liable to duty

PART VIII--PROPERTY--, SPOUSAL MAINTENANCE AND MAINTENANCE AGREEMENTS

71. Interpretation
71A. This Part does not apply to certain matters covered by binding financial agreements
72. Right of spouse to maintenance
74. Power of court in spousal maintenance proceedings
75. Matters to be taken into consideration in relation to spousal maintenance
77. Urgent spousal maintenance cases
77A. Specification in orders of payments etc. for spouse maintenance purposes
78. Declaration of interests in property
79. Alteration of property interests
79A. Setting aside of orders altering property interests
79B. Notification of proceeds of crime orders etc.
79C. Court to stay property or spousal maintenance proceedings affected by proceeds of crime orders etc.
79D. Lifting a stay
79E. Intervention by proceeds of crime authority
79F. Notifying third parties about application
79G. Notifying bankruptcy trustee etc. about application under section 74, 78, 79 or 79A
79H. Notifying court about bankruptcy etc.
79J. Notifying non - bankrupt spouse about application under section 139A of the Bankruptcy Act 1966
80. General powers of court
81. Duty of court to end financial relations
82. Cessation of spousal maintenance orders
83. Modification of spousal maintenance orders
85A. Ante - nuptial and post - nuptial settlements
86A. Certain maintenance agreements ineffective
86. Registered maintenance agreements
87. Operation of maintenance agreements entered into in substitution for rights under Act
87A. Specification in maintenance agreements of payments etc. for maintenance purposes
88. Enforcement of maintenance agreements
89. Overseas maintenance agreements
89A. Institution of spousal maintenance proceedings by authority or person
90. Certain instruments not liable to duty

PART VIIIAA--ORDERS--AND INJUNCTIONS BINDING THIRD PARTIES

Division 1--Preliminary

Subdivision A--Scope of this Part

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 1A--Overarching purpose of the family law practice and procedure provisions

95. Overarching purpose of the family law practice and procedure provisions
96. Duty to act consistently with the overarching purpose

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 Part XIVB

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--DECREES--AND ORDERS RELATING TO UNMERITORIOUS, HARMFUL, AND VEXATIOUS PROCEEDINGS

Division 1--Preliminary

102QAA. Simplified outline
102Q. Definitions
102QA. Interactions between provisions and with other powers of court

Division 1A--Summary decrees

102QAB. Summary decrees

Division 1B--Harmful proceedings orders

Subdivision A--Making harmful proceedings orders

102QAC. Making harmful proceedings orders

Subdivision B--Consequences of harmful proceedings orders

102QAD. Proceedings in contravention of harmful proceedings order
102QAE. Application for leave to institute proceedings
102QAF. Dismissing application for leave
102QAG. Granting application for leave

Division 2--Vexatious proceedings orders

Subdivision A--Making vexatious proceedings orders

102QB. Making vexatious proceedings orders
102QC. Notification of vexatious proceedings orders

Subdivision B--Consequences of vexatious proceedings orders

102QD. Proceedings in contravention of vexatious proceedings order
102QE. Application for leave to institute proceedings by person subject to vexatious proceedings order
102QF. Dismissing application for leave by person subject to vexatious proceedings order
102QG. Granting application for leave by person subject to vexatious proceedings order

PART XII--RECOGNITION--OF DECREES

103. Decrees under this Act
104. Overseas decrees
104A. Recognition in external Territories

PART XIII--ENFORCEMENT--OF DECREES

105. Enforcement generally
106. Maintenance orders--more than 12 months in arrears
106A. Execution of instruments by order of court
106B. Transactions to defeat claims
107. People not to be imprisoned for failure to comply with certain orders
109. Inter - State enforcement of child bearing expenses order
109A. Rules of Court relating to enforcement
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 XIVB--RESTRICTION--ON COMMUNICATION OF ACCOUNTS AND LISTS OF PROCEEDINGS

114N. Simplified outline of this Part
114P. Meaning of terms used in this Part
114Q. Indictable offence--communication to the public of account of proceedings that identifies parties or others involved in proceedings
114R. Indictable offence--communication to the public of list of court etc. proceedings that refers to names of parties
114S. When a communication is not a communication to the public
114T. Consent of Director of Prosecutions required to commence proceedings

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
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
SCHEDULE 1 Child Protection Convention

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