Family Law Act 1975
Sections and provisions with full text and the judgments that cite each one.
Section 95 — Overarching purpose of the family law practice and procedure provisions
(1) The overarching purpose of the family law practice and procedure provisions is to facilitate the just resolution of disputes: (a) in a way that ensures the safety of families and children; and…
Section 96 — Duty to act consistently with the overarching purpose
Duty of parties (1) The parties to proceedings under this Act must conduct the proceedings (including negotiations for settlement of the dispute to which the proceedings relate) in a way that is…
Section 97 — Procedure
(1) Subject to this Act, to the regulations and to the applicable Rules of Court, all proceedings in the Federal Circuit and Family Court of Australia or in a court of a Territory (other than the…
Section 98 — Evidence by affidavit
The applicable Rules of Court may provide for evidence of any material matter to be given on affidavit at the hearing of: (a) divorce or validity of marriage proceedings that are undefended at the…
Section 98A — Proceedings in absence of parties
(1) The applicable Rules of Court may provide that where, at the date fixed for the hearing of proceedings for a divorce order in relation to a marriage instituted by one party to the marriage: (a)…
Section 100 — Evidence of husbands, wives or spouses
(1) The parties to proceedings under this Act are competent and compellable witnesses. (2) In proceedings under this Act, the parties to a marriage are competent and compellable to disclose…
Section 100B — Children swearing affidavits, being called as witnesses or being present in court
(1) A child, other than a child who is or is seeking to become a party to proceedings, must not swear an affidavit for the purposes of proceedings, unless the court makes an order allowing the child…
Section 101 — Protection of witnesses
(1) The court shall forbid the asking of, or excuse a witness from answering, a question that it regards as offensive, scandalous, insulting, abusive or humiliating, unless the court is satisfied…
Section 102 — Proof of birth, parentage, death or marriage
In proceedings under this Act, the court may receive as evidence of the facts stated in it a document purporting to be either the original or a certified copy of: (a) a certificate, entry or record…
Section 102A — Restrictions on examination of children
(1) Subject to this section, where a child is examined without the leave of the court, the evidence resulting from the examination which relates to the abuse of, or the risk of abuse of, the child is…
Section 102BA — Definition of protected confidence
A protected confidence is a communication made: (a) in the course of, or in connection with, a relationship in which one person (the confidant) is acting in a professional capacity to provide a…
Section 102NA — Mandatory protections for parties in certain cases
(1) If, in proceedings under this Act: (a) a party (the examining party) intends to cross-examine another party (the witness party); and (b) there is an allegation of family violence between the…
Section 102PA — Powers of a court not affected
This Part does not limit or otherwise affect any powers that a court has apart from this Part to regulate its proceedings or to deal with a contempt of the court.
Section 102QA — Interactions between provisions and with other powers of court
The provisions of this Part do not limit or otherwise affect: (a) each other; or (b) any other power that a court has to deal with proceedings.
Section 102QAA — Simplified outline
This Part sets out the court’s powers to deal with proceedings that are unmeritorious, harmful, or vexatious. Unmeritorious proceedings are proceedings that are without reasonable prospect of…
Section 102B — Assessors
In any proceedings under this Act (other than prescribed proceedings), the court may, in accordance with the applicable Rules of Court, get an assessor to help it in the hearing and determination of…
Section 102BB — Definition of professional service
(1) For the purpose of this Division, a professional service is any of the following: (a) a health service mentioned in subsection (3) or (4); (b) a specialist service in relation to: (i) sexual…
Section 102NB — Court-ordered protections in other cases
If, in proceedings under this Act: (a) a party (the examining party) intends to cross-examine another party (the witness party) personally; and (b) there is an allegation of family violence between…
Section 102PB — Other laws not affected
This Part does not limit or otherwise affect the operation of a provision made by or under any Act (other than this Act) that prohibits or restricts, or authorises a court to prohibit or restrict,…
Section 102QAB — Summary decrees
No reasonable prospect of successfully defending proceedings (1) The court may make a decree for one party (the first party) against another in relation to the whole or any part of proceedings if:…
Section 102QB — Making vexatious proceedings orders
(1) This section applies if a court exercising jurisdiction in proceedings under this Act is satisfied: (a) a person has frequently instituted or conducted vexatious proceedings in Australian courts…
Section 102BC — Direction in relation to adducing evidence
(1) The court may direct that evidence not be adduced in proceedings under this Act, if the court finds that adducing it would disclose: (a) a protected confidence; or (b) the contents of a document…
Section 102C — Testimony
(1) The court or a Judge may, for the purposes of any proceedings, direct or allow testimony to be given by video link, audio link or other appropriate means. Note: See also section 102F. (2) The…
Section 102NC — Review of this Division
The Minister must cause a review of the operation of this Division to be commenced as soon as possible after: (a) the second anniversary of the commencement of this section; or (b) if, before the…
Section 102PC — Relationship with Part XIVB
This Part and Part XIVB do not limit each other.
Section 102QAC — Making harmful proceedings orders
Making harmful proceedings orders (1) A court exercising jurisdiction in proceedings under this Act may make an order (a harmful proceedings order) prohibiting a party (the first party) to the…
Section 102QC — Notification of vexatious proceedings orders
(1) A person may request the appropriate court official of a court for a certificate stating whether a person named in the request is or has been the subject of a vexatious proceedings order made by…
Section 102BD — Direction in relation to complying with disclosure requirement
(1) The court may direct that a document or part of a document not be produced, or not be inspected, or not be copied, in proceedings under this Act, despite a disclosure requirement (see subsection…
Section 102D — Appearance of persons
(1) The court or a Judge may, for the purposes of any proceedings, direct or allow a person to appear before the court or the Judge by way of video link, audio link or other appropriate means. Note:…
Section 102ND — Proceedings to which this Division applies
(1) This Division applies to proceedings that are wholly under Part VII. (2) This Division also applies to proceedings between parties that are partly under Part VII: (a) to the extent the…
Section 102PD — Safeguarding public interest in open justice
In deciding whether to make a suppression order or non-publication order, the court concerned must take into account that a primary objective of the administration of justice is to safeguard the…
Section 102QAD — Proceedings in contravention of harmful proceedings order
(1) If a person is subject to a harmful proceedings order prohibiting the person from instituting proceedings under this Act in a court having jurisdiction under this Act: (a) the person must not…
Section 102QD — Proceedings in contravention of vexatious proceedings order
(1) If a person is subject to a vexatious proceedings order prohibiting the person from instituting proceedings, or proceedings of a particular type, under this Act in a court having jurisdiction…
Section 102BE — Grounds and considerations for directions
(1) The court may give a direction under section 102BC or 102BD in relation to evidence, or a document or part of a document, if the court is satisfied that: (a) it is likely that harm would or might…
Section 102E — Making of submissions
(1) The court or a Judge may, for the purposes of any proceedings, direct or allow a person to make a submission to the court or the Judge by way of video link, audio link or other appropriate means.…
Section 102NE — Principles for conducting child-related proceedings and property or other proceedings
Application of the principles (1) The court must give effect to the principles in this section: (a) in performing duties and exercising powers (whether under this Division or otherwise) in relation…
Section 102PE — Power to make orders
(1) A court exercising jurisdiction in proceedings under this Act may, by making a suppression order or non-publication order on grounds permitted by this Part, prohibit or restrict the publication…
Section 102QAE — Application for leave to institute proceedings
(1) This section applies to a person (the applicant) who is: (a) subject to a harmful proceedings order prohibiting the person from instituting further proceedings under this Act in a court having…
Section 102QE — Application for leave to institute proceedings by person subject to vexatious proceedings order
(1) This section applies to a person (the applicant) who is: (a) subject to a vexatious proceedings order prohibiting the person from instituting proceedings, or proceedings of a particular type,…
Section 102BF — Consent by protected confider
The court must not give a direction under section 102BC or 102BD if: (a) the protected confider is an adult; and (b) the protected confider consents to the evidence being adduced or document or part…
Section 102F — Conditions for use of links
Video link (1) The court or a Judge must not exercise the power conferred by subsection 102C(1), 102D(1) or 102E(1) in relation to a video link unless the court or the Judge is satisfied that the…
Section 102NF — This Division also applies to proceedings in Chambers
The following persons, when hearing child-related proceedings or property or other non-child-related proceedings in Chambers, have all of the duties and powers that a court has under this Division:…
Section 102PF — Grounds for making an order
(1) The court may make a suppression order or non-publication order on one or more of the following grounds: (a) the order is necessary to prevent prejudice to the proper administration of justice;…
Section 102QAF — Dismissing application for leave
(1) The court may make an order dismissing an application under section 102QAE for leave to institute proceedings if it considers the affidavit does not substantially comply with subsection…
Section 102QF — Dismissing application for leave by person subject to vexatious proceedings order
(1) The court may make an order dismissing an application under section 102QE for leave to institute proceedings if it considers the affidavit does not substantially comply with subsection 102QE(3).…
Section 102G — Putting documents to a person
(1) This section applies if, in the course of an examination or appearance of a person by video link, audio link or other appropriate means in accordance with this Division, it is necessary to put a…
Section 102NG — Powers under this Division may be exercised on court’s own initiative
The court may exercise a power under this Division: (a) on the court’s own initiative; or (b) at the request of one or more of the parties to the proceedings.
Section 102PG — Procedure for making an order
(1) The court may make a suppression order or non-publication order on its own initiative or on the application of: (a) a party to the proceedings concerned; or (b) any other person considered by the…
Section 102QAG — Granting application for leave
(1) The court may make an order granting the application for leave only if it is satisfied that the proceedings are not frivolous, vexatious or an abuse of process, and have reasonable prospects of…
Section 102QG — Granting application for leave by person subject to vexatious proceedings order
(1) Before the court makes an order granting an application under section 102QE for leave to institute proceedings, it must: (a) order that the applicant serve: (i) the person against whom the…