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FAMILY LAW ACT 1975 !!!The following amendments (No. 22, 2006 and No. 23, 2006 and No. 46, 2006 and No. 82, 2006) have not been incorporated. - List of Sections

Section

Compilation Information

Long Title

FAMILY LAW ACT 1975
Part I—Preliminary

1. Short title [ see Note 1]
2. Commencement [ see Note 1]
3. Repeal and saving
4. Interpretation
4A. Third party proceedings to set aside 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
FAMILY LAW ACT 1975
Part II—Counselling organisations and mediation organisations

FAMILY LAW ACT 1975
Division 1—What this Part does


11. What this Part does
FAMILY LAW ACT 1975
Division 2—Approval of counselling organisations and
mediation organisations


12. Meaning of approved counselling organisation and approved mediation organisation
13. Organisation may be approved as an approved counselling organisation, an approved mediation organisation or both
13A. Approval of counselling organisations
13B. Approval of mediation organisations
13C. Approvals subject to conditions
13D. Revocation of approvals
13E. Minister to publish lists of approved counselling organisations and approved mediation organisations
FAMILY LAW ACT 1975
Division 3—Reporting by approved counselling organisations
and approved mediation organisations


13F. Reports and financial statements of approved organisations
13G. Minister may exempt organisation from requirements of section 13F
FAMILY LAW ACT 1975
Division 4—Funding of approved counselling organisations and
approved mediation organisations


13H. Grants to approved counselling organisations and approved mediation organisations
FAMILY LAW ACT 1975
Part III—Primary dispute resolution

FAMILY LAW ACT 1975
Division 1—Object and outline


14. Object of Part
14A. Outline of Part
FAMILY LAW ACT 1975
Division 2—Obligations to consider the possibility of
reconciliation


14B. Interpretation
14C. Duty of judges
14D. Duty of legal practitioners
FAMILY LAW ACT 1975
Division 3—Obligations to consider advising people about
primary dispute resolution methods


14E. Interpretation
14F. Duty of courts
14G. Duty of legal practitioners
FAMILY LAW ACT 1975
Division 4—Counselling


14H. Division 3 of Part VII deals with counselling in matters affecting children
15. Notice seeking counselling
15A. Request for assistance of a family and child counsellor—Federal Magistrates Court
16. Advice as to counselling
16A. Courts to direct or advise people to attend counselling
16B. Courts may advise people to attend counselling if it may improve their relationship etc.
16C. Obligations to consider advising people about counselling for marital breakdown
17. Provision of certain documents
19. Oath or affirmation of secrecy
FAMILY LAW ACT 1975
Division 5—Mediation and arbitration


FAMILY LAW ACT 1975
Subdivision A—Mediation


19A. Request for mediation—request made through a Family Court
19AAA.Request for mediation—Federal Magistrates Court
19AA. Request for mediation—where made direct to a family and child mediator
19B. Family Court may refer matters for mediation
19BAA.Federal Magistrates Court may refer matters for mediation
19BA. Court to advise people to attend mediation
FAMILY LAW ACT 1975
Subdivision B—Arbitration


19D. Court may refer proceedings to arbitration
19E. Private arbitration
19EA. Referral by arbitrator of questions of law to a Family Court
19EB. Referral by arbitrator of questions of law to the Federal Magistrates Court
19F. Review of awards by a Family Court
19FA. Review of awards by the Federal Magistrates Court
19G. Setting aside awards—Family Courts
19GA. Setting aside awards—Federal Magistrates Court
19H. Fees for arbitration
FAMILY LAW ACT 1975
Subdivision C—Miscellaneous


19J. Advice about mediation and arbitration
19K. Oath or affirmation by court mediator or community mediator
19L. Oath or affirmation by arbitrator
19M. Protection of mediators and arbitrators
FAMILY LAW ACT 1975
Division 6—Miscellaneous


19N. Admissions made to counsellors, mediators etc.
19P. Regulations to be complied with by family and child mediators
19Q. Advertising in Family Court registries of counselling, mediation and arbitration services
FAMILY LAW ACT 1975
Part IV—The Family Court of Australia

FAMILY LAW ACT 1975
Division 1—Interpretation


20. Interpretation
FAMILY LAW ACT 1975
Division 2—The Family Court of Australia


21. Creation of Court
21A. Divisions of Court
21B. Arrangement of business of Court
FAMILY LAW ACT 1975
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
FAMILY LAW ACT 1975
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
FAMILY LAW ACT 1975
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
FAMILY LAW ACT 1975
Division 6—Registries and officers


36. Registries
37. Officers of Court
37A. Delegation of powers to Registrars
37B. Independence of Registrars
37C. Oath or affirmation of office
FAMILY LAW ACT 1975
Division 7—Practice and procedure


38. Practice and procedure
FAMILY LAW ACT 1975
Part IVA—Management of the Court

FAMILY LAW ACT 1975
Division 1—Management responsibilities of the Chief Judge
and the Chief Executive Officer


38A. Management of administrative affairs of Court
38B. Chief Executive Officer
FAMILY LAW ACT 1975
Division 2—Appointment, powers etc. of Chief Executive Officer


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
FAMILY LAW ACT 1975
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.
FAMILY LAW ACT 1975
Division 4—Miscellaneous administrative matters


38S. Annual report
38W. Delegation of administrative powers of Chief Judge
38X. Proceedings arising out of administration of Court
FAMILY LAW ACT 1975
Part V—Jurisdiction in matrimonial causes

39. Jurisdiction in matrimonial causes
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
45A. Transfer of property proceedings from the Federal Magistrates Court—value exceeds $300,000
46. Transfer of proceedings from court of summary jurisdiction in certain cases
47. Courts to act in aid of each other
FAMILY LAW ACT 1975
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. Re-marriage
FAMILY LAW ACT 1975
Part VII—Children

FAMILY LAW ACT 1975
Division 1—Introductory


FAMILY LAW ACT 1975
Subdivision A—What this Division does


60A. What this Division does
FAMILY LAW ACT 1975
Subdivision B—Object, principles and outline


60B. Object of Part and principles underlying it
60C. Outline of Part
FAMILY LAW ACT 1975
Subdivision C—Interpretation and application of Part


60D. Defined expressions
60E. Application of Part to void marriages
FAMILY LAW ACT 1975
Subdivision D—Interpretation—how this Act applies to certain
children


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
FAMILY LAW ACT 1975
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
61E. Effect of adoption on parental responsibility
FAMILY LAW ACT 1975
Division 3—Counselling etc.


62A. What this Division does
62B. Obligations to consider advising people about counselling for Part VII orders
62C. Request for counselling—request made through a Family Court
62CA. Request for counselling—request made through Federal Magistrates Court
62D. Request for counselling—where made direct to a family and child counsellor
62E. Court counselling facilities to be made available
62F. Conferences with family and child counsellors or welfare officers
62G. Reports by family and child counsellors and welfare officers
62H. Provision of certain documents
FAMILY LAW ACT 1975
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. Explanation by person advising or assisting in the making of a parenting plan
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
FAMILY LAW ACT 1975
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
FAMILY LAW ACT 1975
Division 6—Parenting orders other than child maintenance
orders


FAMILY LAW ACT 1975
Subdivision A—Introductory


65A. What this Division does
65AA. Measures to promote the exercise of parental responsibility
65B. Division does not apply to child maintenance orders
FAMILY LAW ACT 1975
Subdivision B—Applying for and making parenting orders


65C. Who may apply for a parenting order
65D. Court's power to make parenting order
65DA. Parenting orders: stage 1 of parenting compliance regime
65E. Child's best interests paramount consideration in making a parenting order
65F. General requirements for counselling before parenting order made
65G. Special conditions for making residence order or specific issues order 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 is or includes residence order does not make provision in relation to death of parent with whom child lives
65L. Counsellors may be required to supervise or assist compliance with parenting orders
65LA. Court may order attendance at a post-separation parenting program
FAMILY LAW ACT 1975
Subdivision C—General obligations created by residence orders,
contact orders and specific issues orders


65M. General obligations created by residence order
65N. General obligations created by contact order
65P. General obligations created by specific issues orders that confer responsibility for a child's care, welfare and development
65Q. Court may issue warrant for arrest of alleged offender
FAMILY LAW ACT 1975
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)
FAMILY LAW ACT 1975
Subdivision E—Obligations under parenting orders relating to
taking or sending children from Australia


65X. Interpretation
65Y. Obligations if residence order, contact order or care order has been made
65Z. Obligations if proceedings for the making of residence order, contact order or care order are pending
65ZA. Obligations of owners etc. of aircraft and vessels if residence order, contact order or care order made
65ZB. Obligations of owners etc. of aircraft and vessels if proceedings for the making of residence order, contact order or care order are pending
65ZC. General provisions applicable to sections 65ZA and 65ZB
65ZD. State or Territory laws stopping children leaving Australia not affected
FAMILY LAW ACT 1975
Division 7—Child maintenance orders


FAMILY LAW ACT 1975
Subdivision A—What this Division does


66A. What this Division does
FAMILY LAW ACT 1975
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
FAMILY LAW ACT 1975
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
FAMILY LAW ACT 1975
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
FAMILY LAW ACT 1975
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
FAMILY LAW ACT 1975
Subdivision EA—Varying the maintenance of certain children


66SA. Varying the maintenance of certain children
FAMILY LAW ACT 1975
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
FAMILY LAW ACT 1975
Subdivision G—Recovery of amounts paid under maintenance orders


66X. Recovery of amounts paid, and property transferred or settled, under maintenance orders
FAMILY LAW ACT 1975
Division 8—Other matters relating to children


FAMILY LAW ACT 1975
Subdivision A—What this Division does


67A. What this Division does
FAMILY LAW ACT 1975
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
FAMILY LAW ACT 1975
Subdivision C—Location and recovery of children


67H. Interpretation
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
FAMILY LAW ACT 1975
Subdivision D—Allegations of child abuse


67Z. Where party to proceedings makes allegation of child abuse
67ZA. Where member of the Court personnel, counsellor, mediator or arbitrator suspects child abuse etc.
67ZB. No liability for notification under section 67Z or 67ZA
FAMILY LAW ACT 1975
Subdivision E—Other orders about children


67ZC. Orders relating to welfare of children
67ZD. Orders for delivery of passports
FAMILY LAW ACT 1975
Division 9—Injunctions


68A. What this Division does
68B. Injunctions
68C. Powers of arrest
FAMILY LAW ACT 1975
Division 10—The best interests of children and the
representation of children


FAMILY LAW ACT 1975
Subdivision A—What this Division does


68D. What this Division does
FAMILY LAW ACT 1975
Subdivision B—Determining the best interests of a child


68E. Proceedings to which Subdivision applies
68F. How a court determines what is in a child's best interests
68G. How the wishes of a child are expressed
68H. Children not required to express wishes
68J. Informing court of relevant family violence orders
68K. Court to consider risk of family violence
FAMILY LAW ACT 1975
Subdivision C—Separate representation of children


68L. Court orders for separate representation
68M. Order that child be made available for examination
FAMILY LAW ACT 1975
Division 11—Family violence


68N. What this Division does
68P. Interpretation
68Q. Purposes of Division
68R. Provisions about making an order for contact that is inconsistent with a family violence order
68S. Section 68R contact orders prevail over inconsistent family violence orders
68T. Variation etc. of Division 11 contact order by court making etc. family violence order
FAMILY LAW ACT 1975
Division 12—Proceedings and jurisdiction


FAMILY LAW ACT 1975
Subdivision A—What this Division does


69A. What this Division does
FAMILY LAW ACT 1975
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
FAMILY LAW ACT 1975
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
FAMILY LAW ACT 1975
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.
FAMILY LAW ACT 1975
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
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
FAMILY LAW ACT 1975
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
FAMILY LAW ACT 1975
Division 13—State, Territory and overseas orders


FAMILY LAW ACT 1975
Subdivision A—What this Division does


70A. What this Division does
FAMILY LAW ACT 1975
Subdivision B—Registration of State and Territory orders


70B. Interpretation
70C. General registration of orders made under law of prescribed State
70D. Registration of orders in a particular State
70E. Effect of registration
FAMILY LAW ACT 1975
Subdivision C—Registration of overseas orders


70F. Interpretation
70G. Registration of orders
70H. Effect of registration—general
70J. Effect of registration on exercise of jurisdiction
70K. Cancellation of registration if residence order, contact order or care order made
70L. Relationship between Australian orders and registered overseas child orders
FAMILY LAW ACT 1975
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
FAMILY LAW ACT 1975
Division 13A—Consequences of failure to comply with orders,
and other obligations, that affect children


FAMILY LAW ACT 1975
Subdivision A—Preliminary


70NB. Definitions
70NBA.Application of Division
70NC. Meaning of contravened an order
70ND. Requirements taken to be included in certain orders
70NE. Meaning of reasonable excuse for contravening an order
70NEA.Standard of proof of reasonable excuse
FAMILY LAW ACT 1975
Subdivision AA—Court's powers where contravention without
reasonable excuse not established


70NEB.Court's power to vary parenting order
FAMILY LAW ACT 1975
Subdivision B—Powers of court where a person contravenes an order
under this Act affecting children: stage 2 of parenting compliance regime


70NF. Application of Subdivision
70NG. Powers of court
70NH. Duties of provider of program
70NI. Evidence
70NIA.Court may make further orders in relation to attendance at program
70NIB.List of program providers
FAMILY LAW ACT 1975
Subdivision C—Court to take action in respect of person who
contravenes an order: stage 3 of parenting compliance regime


70NJ. Powers of court
70NK. When court is empowered to make a community service order
70NL. Variation and discharge of community service orders
70NM. Bonds
70NN. Procedure for enforcing community service orders or bonds
70NO. Sentences of imprisonment
70NP. Relationship between Subdivision and other laws
70NQ. Arrangements with States and Territories for carrying out of sentences and orders
70NR. Subdivision does not limit operation of section 105
FAMILY LAW ACT 1975
Division 14—Miscellaneous


70P. What this Division does
70Q. Certain instruments not liable to duty
FAMILY LAW ACT 1975
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
FAMILY LAW ACT 1975
Part VIIIAA—Orders and injunctions binding third parties

FAMILY LAW ACT 1975
Division 1—Preliminary


FAMILY LAW ACT 1975
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
FAMILY LAW ACT 1975
Division 2—Orders under section 79


90AE. Court may make an order under section 79 binding a third party
FAMILY LAW ACT 1975
Division 3—Orders or injunctions under section 114


90AF. Court may make an order or injunction under section 114 binding a third party
FAMILY LAW ACT 1975
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
FAMILY LAW ACT 1975
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
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 DPP
FAMILY LAW ACT 1975
Part VIIIB—Superannuation interests

FAMILY LAW ACT 1975
Division 1—Preliminary


FAMILY LAW ACT 1975
Subdivision A—Scope of this Part


90MA. Object of this Part
90MB. This Part overrides other laws, trust deeds etc.
90MC. Extended meaning of matrimonial cause
FAMILY LAW ACT 1975
Subdivision B—Interpretation


90MD. Definitions
90MDA.Extended meaning of trustee
90ME. Splittable payments
90MF. Reversionary interest
90MG. Meaning of in force
FAMILY LAW ACT 1975
Division 2—Payment splitting or flagging by agreement


FAMILY LAW ACT 1975
Subdivision A—Superannuation agreements


90MH. Superannuation agreement to be included in financial agreement
FAMILY LAW ACT 1975
Subdivision B—Payment splitting


90MI. Operative time for payment split
90MJ. Payment split under superannuation agreement or flag lifting agreement
FAMILY LAW ACT 1975
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.
FAMILY LAW ACT 1975
Subdivision D—Miscellaneous


90MO. Limitation on section 79 order
90MP. Separation declaration
90MQ. Superannuation interests in excess of ETP threshold
90MR. Enforcement by court order
FAMILY LAW ACT 1975
Division 3—Payment splitting or flagging by court order


90MS. Order under section 79 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
FAMILY LAW ACT 1975
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
FAMILY LAW ACT 1975
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.
FAMILY LAW ACT 1975
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
FAMILY LAW ACT 1975
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
94AAA.Appeals to Family Court from the Federal Magistrates Court
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. Power to dismiss appeal
96A. Part does not apply to section 111C jurisdiction
FAMILY LAW ACT 1975
Part XI—Procedure and evidence

FAMILY LAW ACT 1975
Division 1—General matters concerning procedure and evidence


97. Procedure
98. Evidence by affidavit
98A. Proceedings in absence of parties
100. Evidence of husbands and wives
100A. Evidence of children
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
FAMILY LAW ACT 1975
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
FAMILY LAW ACT 1975
Division 3—Split court


102M. Determination that there is to be a split court
102N. Conditions for split court
FAMILY LAW ACT 1975
Part XII—Recognition of decrees

103. Decrees under this Act
104. Overseas decrees
104A. Recognition in external Territories
FAMILY LAW ACT 1975
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
FAMILY LAW ACT 1975
Part XIIIAA—International conventions, international agreements
and international enforcement

FAMILY LAW ACT 1975
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
FAMILY LAW ACT 1975
Division 2—International child abduction


111B. Convention on the Civil Aspects of International Child Abduction
FAMILY LAW ACT 1975
Division 3—International agreements about adoption etc.


111C. International agreements about adoption etc.
FAMILY LAW ACT 1975
Division 4—International protection of children


FAMILY LAW ACT 1975
Subdivision A—Preliminary


111CA.Definitions
111CB.Relationship between this Division and other provisions
FAMILY LAW ACT 1975
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
FAMILY LAW ACT 1975
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
FAMILY LAW ACT 1975
Subdivision D—Applicable law


111CQ.Meaning of law
111CR.Applicable law generally
111CS.Applicable law concerning parental responsibility
FAMILY LAW ACT 1975
Subdivision E—Recognition of foreign measures


111CT.Effect of registered foreign measures
FAMILY LAW ACT 1975
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 for contact
111CX.Jurisdiction for a location order or a Commonwealth information order
111CY.Giving information to central authorities and competent authorities in Convention countries
FAMILY LAW ACT 1975
Subdivision G—Regulations


111CZ.Regulations to implement the Convention
FAMILY LAW ACT 1975
Division 5—Other matters


111D. Regulations may provide for rules of evidence
FAMILY LAW ACT 1975
Part XIIIA—Sanctions for failure to comply with orders, and
other obligations, that do not affect children

FAMILY LAW ACT 1975
Division 1—Interpretation


112AA.Interpretation
112AB.Meaning of contravene an order
112AC.Meaning of reasonable excuse for contravening an order
FAMILY LAW ACT 1975
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
FAMILY LAW ACT 1975
Part XIIIB—Contempt of court

112AP.Contempt
FAMILY LAW ACT 1975
Part XIV—Declarations and injunctions

112A. Interpretation
113. Proceedings for declarations
114. Injunctions
114AA.Powers of arrest
114AB.Operation of State and Territory laws
FAMILY LAW ACT 1975
Part XIVA—The Australian Institute of Family Studies

114A. Interpretation
114B. Establishment of Institute
114BA.Institute to be a body corporate
114BB.Powers of Institute
114C. Director and Board of Management
114D. Management of Institute
114E. Term of office of members
114F. Remuneration and allowances
114G. Leave of absence
114H. Resignation of members
114J. Termination of appointments
114K. Acting Director
114L. Meetings etc.
114M. Staff
114MA.Money payable to Institute
114MC.Contracts
114MD.Application of money
114MF.Exemption from taxation
FAMILY LAW ACT 1975
Part XV—Miscellaneous

115. Family Law Council
116C. Payments to legal practitioners by legal aid bodies
117. Costs
117AA.Costs in proceedings relating to overseas enforcement and international Conventions
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
FAMILY LAW ACT 1975
Schedule 1—Child Protection Convention

FAMILY LAW ACT 1975
Notes to the Family Law Act 1975

Table A

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