Navigation
- Part I--preliminary
- Part Ia--protection Of Names
- Part Ii--non-court Based Family Services
- Part Iia--family Safety Risk Screening
- Part Iii--family Consultants
- Part Iiia--obligations To Inform People About Non-court Based Family Services And About Court's Processes And Services
- Part Iiib--court's Powers In Relation To Court And Non-court Based Family Services
- Part V--jurisdiction Of Courts
- Part Vi--divorce And Nullity Of Marriage
- Part Vii--children
- Part Viii--property, Spousal Maintenance And Maintenance Agreements
- Part Viiiaa--orders And Injunctions Binding Third Parties
- Part Viiia--financial Agreements
- Part Viiiab--financial Matters Relating To De Facto Relationships
- Part Viiib--superannuation Interests
- Part Ix--intervention
- Part Xi--procedure And Evidence
- Part Xia--suppression And Non-publication Orders
- Part Xib--vexatious Proceedings
- Part Xii--recognition Of Decrees
- Part Xiii--enforcement Of Decrees
- Part Xiiiaa--international Conventions, International Agreements And International Enforcement
- Part Xiiia--sanctions For Failure To Comply With Orders, And Other Obligations, That Do Not Affect Children
- Part Xiiib--contempt Of Court
- Part Xiv--declarations And Injunctions
- Part Xiva--the Australian Institute Of Family Studies
- Part Xv--miscellaneous
Division 1–Accreditation of family counsellors, family dispute resolution practitioners and other family service providers
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
Division 1–Introduction
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
Division 1–Introduction
Division 2–Help with reconciliation
Division 3–Referrals to family counselling, family dispute resolution and other family services
- 13C. Court may refer parties to family counselling, family dispute resolution and other family services
- 13D. Consequences of failure to comply with order under section 13C
Division 4–Court’s role in relation to arbitration of disputes
- 13E. Court may refer Part VIII proceedings or Part VIIIAB proceedings to arbitration
- 13F. Court may make orders to facilitate arbitration of certain disputes
- 13G. Federal Circuit and Family Court of Australia (Division 2) may determine questions of law referred by arbitrator
- 13H. Awards made in arbitration may be registered in court
- 13J. Federal Circuit and Family Court of Australia (Division 2) can review registered awards
- 13K. Federal Circuit and Family Court of Australia may set aside registered awards
Division 1–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. 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
- 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
Division 4–Appeals
- 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
- 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
- 60. No appeal after divorce order takes effect
Division 1–Introductory
Subdivision A–What this Division does
Subdivision B–Object, principles and outline
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
- 60CH. Informing court of care arrangements under child welfare laws
- 60CI. Informing court of notifications to, and investigations by, prescribed State or Territory agencies
Subdivision BB–Best interests of the child
Subdivision C–Interpretation and application of Part
Subdivision D–Interpretation–how this Act applies to certain children
- 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
Subdivision E–Family dispute resolution
- 60I. Attending family dispute resolution before applying for Part VII order
- 60J. Family dispute resolution not attended because of child abuse or family violence
Division 2–Parental responsibility
- 61A. What this Division does
- 61B. Meaning of parental responsibility
- 61C. Each parent has parental responsibility (subject to court orders)
- 61D. Parenting orders and parental responsibility
- 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
- 63D. Parenting plan may be varied or revoked by further written agreement
- 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
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
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
- 65P. General obligations created by parenting order that allocates parental responsibility
- 65Q. Court may issue warrant for arrest of alleged offender
Subdivision D–Dealing with people who have been arrested
- 65R. Situation to which Subdivision applies
- 65S. Arrested person to be brought before a court
- 65T. Obligation of court–where application before it to deal with contravention
- 65U. Obligation of court–where no application before it, but application before another court, to deal with contravention
- 65V. Obligation of court–where no application before any court to deal with contravention
- 65W. Applications heard as required by subsection 65T(2) or paragraph 65U(3)(b)
Subdivision E–Obligations under parenting orders relating to taking or sending children from Australia
- 65X. Interpretation
- 65Y. Obligations if certain parenting orders have been made: taking or sending a child outside Australia
- 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
- 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
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
- 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
Subdivision B–Father’s liability to contribute towards child bearing expenses if not married to mother
- 67B. Father liable to contribute towards maintenance and expenses of mother
- 67C. Matters to be taken into account in proceedings under Subdivision
- 67D. Powers of court in proceedings under Subdivision
- 67E. Urgent orders
- 67F. Who may institute proceedings
- 67G. Time limit for institution of proceedings
Subdivision C–Location and recovery of children
- 67J. Meaning of location order and Commonwealth information order
- 67K. Who may apply for a location order
- 67L. Child’s best interests paramount consideration in making a location order
- 67M. Provisions about location orders, other than Commonwealth information orders
- 67N. Provisions about Commonwealth information orders
- 67P. Information provided under location order not to be disclosed except to limited persons
- 67Q. Meaning of recovery order
- 67R. How recovery orders authorise or direct people
- 67S. How recovery orders to stop and search etc. name or describe vehicles, places etc.
- 67T. Who may apply for a recovery order
- 67U. Court’s power to make recovery order
- 67V. Child’s best interests paramount consideration in making a recovery order
- 67W. How long recovery order remains in force
- 67X. Persons not to prevent or hinder taking of action under recovery order
- 67Y. Obligation to notify persons of child’s return
Subdivision D–Allegations of child abuse and family violence
- 67Z. Where interested person makes allegation of child abuse
- 67ZA. Where member of the Court personnel, family counsellor, family dispute resolution practitioner or arbitrator suspects child abuse etc.
- 67ZB. No liability for notification under section 67Z or 67ZA
- 67ZBA. Where interested person makes allegation of family violence
- 67ZBB. Court to take prompt action in relation to allegations of child abuse or family violence
Subdivision E–Other orders about children
- 67ZC. Orders relating to welfare of children
- 67ZD. Orders for delivery of travel documents
Division 9–Injunctions
Division 10–Independent representation of child’s interests
- 68L. Court order for independent representation of child’s interests
- 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
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 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
- 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
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
Division 12A–Principles for conducting child-related proceedings
Subdivision A–Proceedings to which this Division applies
Subdivision B–Principles for conducting child-related proceedings
Subdivision C–Duties and powers related to giving effect to the principles
Subdivision D–Matters relating to evidence
Division 13–State, Territory and overseas orders
Subdivision A–What this Division does
Subdivision B–Registration of State and Territory orders
- 70C. General registration of orders made under law of prescribed State
- 70D. Registration of orders in a particular State
- 70E. Effect of registration
Subdivision C–Registration of overseas orders
- 70G. Registration of orders
- 70H. Effect of registration–general
- 70J. Effect of registration on exercise of jurisdiction
- 70K. Cancellation of registration if Subdivision C parenting order made
- 70L. Relationship between Australian orders and registered overseas child orders
Subdivision D–Transmission of Australian orders to overseas jurisdictions
- 70M. Registry Manager to send documents etc. to overseas jurisdiction
- 70N. Regulations may deal with sending Australian orders etc. to overseas jurisdiction
Division 13A–Consequences of failure to comply with orders, and other obligations, that affect children
Subdivision A–Preliminary
- 70NAA. Simplified outline of Division
- 70NAB. Application of Division
- 70NAC. Meaning of contravened an order
- 70NAD. Requirements taken to be included in certain orders
- 70NAE. Meaning of reasonable excuse for contravening an order
- 70NAF. Standard of proof
Subdivision B–Court’s power to vary parenting order
Subdivision C–Contravention alleged but not established
Subdivision D–Contravention established but reasonable excuse for contravention
Subdivision E–Contravention without reasonable excuse
- 70NEA. Application of Subdivision
- 70NEB. Powers of court
- 70NEC. 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
- 71. Interpretation
- 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
- 86. Registered maintenance agreements
- 87. Operation of maintenance agreements entered into in substitution for rights under Act
- 88. Enforcement of maintenance agreements
- 89. Overseas maintenance agreements
- 90. Certain instruments not liable to duty
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.
- 90AD. Extended meaning of matrimonial cause and property
Division 2–Orders under section 79
Division 3–Orders or injunctions under section 114
Division 4–Other matters
- 90A. Definitions
- 90B. Financial agreements before marriage
- 90C. Financial agreements during marriage
- 90D. Financial agreements after divorce order is made
- 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
- 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
Division 1–Preliminary
Subdivision A–Meaning of key terms
Subdivision B–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
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
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
Division 2–Payment splitting or flagging by agreement
Subdivision A–Superannuation agreements
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
- 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
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
Division 5–Miscellaneous
Division 1–General matters concerning procedure and evidence
- 97. Procedure
- 98. Evidence by affidavit
- 100. Evidence of husbands, wives or spouses
- 101. Protection of witnesses
- 102. Proof of birth, parentage, death or marriage
Division 2–Use of video link, audio link or other appropriate means to give testimony, make appearances and give submissions etc
Division 3–Cross-examination of parties where allegations of family violence
Division 1–Preliminary
Division 2–Vexatious proceedings orders
Division 3–Particular consequences of vexatious proceedings orders
- 105. Enforcement generally
- 106. Maintenance orders–more than 12 months in arrears
- 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
- 109B. Rules of Court relating to enforcement–Federal Circuit and Family Court of Australia (Division 2)
Division 1–International maintenance orders and agreements etc
- 110. Overseas enforcement of maintenance orders etc.
- 110B. Transmission of agreements etc. to overseas jurisdictions
- 111. Convention on Recovery Abroad of Maintenance
Division 2–International child abduction
Division 3–International agreements about adoption etc
Division 4–International protection of children
Subdivision A–Preliminary
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
Subdivision E–Recognition of 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
Division 5–Other matters
XIIIA
Sanctions For Failure To Comply With Orders, And Other Obligations, That Do Not Affect ChildrenDivision 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
- 115. Family Law Council
- 117. Costs
- 119. Married persons may sue each other
- 120. Criminal conversation, adultery and enticement
- 121. Restriction on publication of court proceedings
- 122. Rights of legal practitioners
- 122AAA. Protection of Registrars conducting conferences about property matters
- 122B. Arrangements with States and Territories
- 123. Rules of Court
- 124. Rules Advisory Committee
- 125. Regulations
