The Family Law Act (1975) outlines certain regulations in relation to overseas-related maintenance obligations. Section 124A is about the regulations in relation to overseas-related maintenance obligations. In this article we will explore two Sections of the Family Law Act (1975), namely:
Section 124A: Regulations in Relation to Overseas-Related Maintenance Obligations
In this part, we outline points from Section 124A of the Family Law Act on regulations in relation to overseas-related maintenance obligations.
Firstly, Subsection (1) of Section 124A states that the regulations in relation to overseas-related maintenance obligations may make provisions for, and in relation to, the following matters:
- giving effect to an international agreement that relates to maintenance obligations arising from family relationship, parentage or marriage;
- maintenance obligations arising from family relationship, parentage or marriage, where
- a person, or someone on behalf of them who is in a reciprocating jurisdiction claims the maintenance
- the person from whom the maintenance is claimed is in a reciprocating jurisdiction.
Moreover, Subsection (2) states that regulations made for the purposes of this Section may:
- Confer jurisdiction on a Federal Court (other than the High Court) or a court of a Territory, or
- Invest a court of a State with federal jurisdiction
Lastly, Section 124A on regulations in relation to overseas-related maintenance obligations provides definitions of certain terms. It states that international agreement means an agreement whose parties are:
- Australia and a foreign country, or
- Australia and 2 or more foreign countries.
Moreover, reciprocating jurisdiction means:
- a foreign country, or
- a part of a foreign country;
that is prescribed by the regulations to be a reciprocating jurisdiction for the purposes of this section.
Section 125: Regulations
Subsection (1) notes that the Governor-General has the authority to create regulations that align with this Act. These regulations cover various matters necessary for implementing and enforcing the Act, including:
- Facilitating the service of documents in overseas proceedings under this Act, based on conventions between Australia and other countries.
- Managing the transcription of proceedings under this Act and ensuring copies of transcripts are accessible.
- Modifying or adapting the provisions of the Legislation Act 2003, excluding Part 2 of Chapter 3 or any other provisions that would affect its operation, for their application to a court exercising jurisdiction under this Act.
- Establishing requirements for arbitrators.
- Regulating the registration of awards made in section 13E arbitration and relevant property or financial arbitration.
- Prescribing or addressing matters that may be dealt with in Rules of Court under specified paragraphs.
- Determining the court fees applicable to proceedings under this Act.
- Granting exemptions from court fees for specific classes of individuals.
- Allowing for the refund of court fees in certain circumstances.
- Authorising an officer of a court, a designated Commonwealth, State, or Territory authority, or a prescribed officeholder under Commonwealth, State, or Territory law to initiate and pursue proceedings on behalf of a person entitled to child maintenance or maintenance payments under Part VII or Part VIII, respectively, for the purpose of enforcing payment.
- Establishing rules regarding the priority between executing orders for the attachment of moneys payable by the Commonwealth, a State, a Territory, or their respective authorities (excluding moneys exempted by any relevant law) and executing orders made in accordance with the Maintenance Orders (Commonwealth Officers) Act 1966.
Additionally, Subsection (2) states that the court fees required under the regulations made under this section for proceedings in a State Family Court are to be paid to the respective State. In cases where there is a conflict between the regulations and the Rules of Court, the regulations take precedence.
Importance of Seeking Legal Advice from Family Lawyers
The Family Law Act 1975 is an important but complex piece of legislation. It is applicable in all matters under family law. This is why it is advisable for parties to consult experienced family lawyers when dealing with any family law matter.
If you wish to obtain advice on any matter, do not hesitate to speak with our leading lawyers.
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