Family Law Act 1975
Sections and provisions with full text and the judgments that cite each one.
Section 102NH — General duties
(1) In giving effect to the relevant principles in section 102NE, the court must: (a) ask each party to the proceedings whether the party considers that the party, or another party to the…
Section 102PH — Interim orders
(1) If an application is made to the court for a suppression order or non-publication order, the court may, without determining the merits of the application, make the order as an interim order to…
Section 102PI — Duration of orders
(1) A suppression order or non-publication order operates for the period decided by the court and specified in the order. (2) In deciding the period for which an order is to operate, the court is to…
Section 102J — Administration of oaths and affirmations
An oath to be sworn, or an affirmation to be made, by a person (the remote person) who is to give testimony by video link, audio link or other appropriate means in accordance with this Division may…
Section 102NJ — Power to make determinations, findings and orders at any stage of proceedings
(1) If, at any time after the commencement of child-related proceedings or property or other non-child-related proceedings and before making final orders, the court considers that it may assist in…
Section 102PJ — Exception for court officials
A suppression order does not prevent a person from disclosing information if the disclosure is not by publication and is in the course of performing functions or duties or exercising powers in a…
Section 102K — Expenses
(1) The court or a Judge may make such orders as the court or the Judge thinks just for the payment of expenses, including the court’s expenses, incurred in connection with: (a) the giving of…
Section 102NK — Use of family consultants
At any time during child-related proceedings, the court may designate a family consultant as the family consultant in relation to the proceedings. Note 1: Family consultants have the functions…
Section 102PK — Contravention of order
(1) A person commits an offence if: (a) the person does an act or omits to do an act; and (b) the act or omission contravenes an order made by a court under section 102PE. Penalty: Imprisonment for…
Section 102L — New Zealand proceedings
This Division does not affect the operation of the Trans-Tasman Proceedings Act 2010.
Section 102NL — Rules of evidence not to apply unless court decides
(1) The following provisions of the Evidence Act 1995 do not apply to child-related proceedings or property or other non-child-related proceedings: (a) Divisions 3, 4 and 5 of Part 2.1 (which deal…
Section 102NM — Evidence of children
(1) This section applies if the court applies the law against hearsay under subsection 102NL(2) to child-related proceedings. (2) Evidence of a representation made by a child about a matter that is…
Section 102NN — Court’s general duties and powers relating to evidence
(1) In giving effect to the relevant principles in section 102NE, the court may: (a) give directions or make orders about the matters in relation to which the parties are to present evidence; and (b)…
Section 102P — Definitions
In this Part: information includes any document. news publisher means a person engaged in the business of publishing news or a public or community broadcasting service engaged in the publishing of…
Section 102Q — Definitions
(1) In this Part: appropriate court official means: (a) in relation to the Federal Circuit and Family Court of Australia—the Chief Executive Officer; and (c) in relation to the Family Court of…
Section 103 — Decrees under this Act
A decree under this Act has effect throughout Australia and the external Territories.
Section 104 — Overseas decrees
(1) In this section: applicant, in relation to a divorce or the annulment of a marriage or the legal separation of the parties to a marriage, means: (a) the party at whose instance the divorce,…
Section 104A — Recognition in external Territories
(1) In this section: external Territory does not include Norfolk Island. overseas jurisdiction does not include an external Territory. (2) A divorce or the annulment of a marriage, or the legal…
Section 105 — Enforcement generally
(1) Subject to this Part, to the regulations and to the applicable Rules of Court, all decrees made under this Act may be enforced by any court having jurisdiction under this Act. (2) Except as…
Section 106 — Maintenance orders—more than 12 months in arrears
In determining whether to make an order enforcing a maintenance order, a court must not require that there be special circumstances that justify enforcing the maintenance order merely because the…
Section 106A — Execution of instruments by order of court
(1) If: (a) an order under this Act has directed a person to execute a deed or instrument; and (b) that person has refused or neglected to comply with the direction or, for any other reason, the…
Section 106B — Transactions to defeat claims
(1) In proceedings under this Act, the court may set aside or restrain the making of an instrument or disposition by or on behalf of, or by direction or in the interest of, a party, which is made or…
Section 107 — People not to be imprisoned for failure to comply with certain orders
(1) A person must not be imprisoned or otherwise placed in custody because of a contravention of an order for the payment of money made in a matrimonial cause or de facto financial cause. (2) This…
Section 109 — Inter-State enforcement of child bearing expenses order
(1) This section applies to the following orders made under the law of a State or Territory: (a) orders of a kind that may be made under section 67D; (b) orders for the payment of an amount in…
Section 109A — Rules of Court relating to enforcement
(1) The power of Judges of the Federal Circuit and Family Court of Australia (Division 1) under section 123, and the power of Judges of a Family Court of a State under section 123A, to make Rules of…
Section 109AA — Rules of Court relating to enforcement—Federal Circuit and Family Court of Australia (Division 1)
(1) Section 109A applies to the making of Rules of Court under Chapter 3 of the Federal Circuit and Family Court of Australia Act 2021 in a corresponding way to the way in which it applies to the…
Section 109B — Rules of Court relating to enforcement—Federal Circuit and Family Court of Australia (Division 2)
(1) Section 109A applies to the making of Rules of Court under Chapter 4 of the Federal Circuit and Family Court of Australia Act 2021 in a corresponding way to the way in which it applies to the…
Section 110 — Overseas enforcement of maintenance orders etc.
(1) In this section: jurisdiction with restricted reciprocity means a country, or part of a country, outside Australia declared by the regulations to be a jurisdiction with restricted reciprocity for…
Section 110A — Registration and enforcement in Australia of overseas maintenance agreements etc.
The regulations may make provision for and in relation to the registration and enforcement in Australia of: (a) overseas maintenance agreements; or (b) overseas administrative assessments of…
Section 110B — Transmission of agreements etc. to overseas jurisdictions
The regulations may make provision for and in relation to the transmission, to appropriate courts or authorities of prescribed overseas jurisdictions, of: (a) agreements registered under section 86;…
Section 111 — Convention on Recovery Abroad of Maintenance
The regulations may make such provision as is necessary or convenient to enable the performance of the obligations of Australia, or to obtain for Australia any advantage or benefit, under the…
Section 111A — Convention on Recognition and Enforcement of Decisions Relating to Maintenance Obligations
The regulations may make such provision as is necessary or convenient to enable the performance of the obligations of Australia, or to obtain for Australia any advantage or benefit, under the…
Section 111AA — Maintenance obligations with New Zealand
(1) This section has effect despite anything in Part VII. (2) A court must not determine an application for payment of child or spousal maintenance (whether under this Act or the regulations) if: (a)…
Section 111CA — Definitions
(1) In this Division: another country means a Convention country or a non-Convention country. Australia includes the external Territories. central authority of a Convention country means: (a) if…
Section 111AB — Agreement between the Government of the United States of America and the Government of Australia for the enforcement of Maintenance (Support) Obligations
The regulations may make such provision as is necessary or convenient to enable the performance of the obligations of Australia, or to obtain for Australia any advantage or benefit, under the…
Section 111B — Convention on the Civil Aspects of International Child Abduction
(1) The regulations may make such provision as is necessary or convenient to enable the performance of the obligations of Australia, or to obtain for Australia any advantage or benefit, under the…
Section 111CB — Relationship between this Division and other provisions
(1) This Division has effect despite the rest of this Act, except sections 69ZK and 111B and the regulations made for the purposes of section 111B. (2) This Division, except section 111CZ, has effect…
Section 111C — International agreements about adoption etc.
(1) The regulations may make such provision as is necessary or convenient to enable the performance of the obligations of Australia, or to obtain for Australia any advantage or benefit, under the…
Section 111CC — Application of this Subdivision
This Subdivision applies only if an issue under this Act is whether a court, as opposed to any of the following authorities, has jurisdiction to take measures directed to the protection of the person…
Section 111CD — Jurisdiction relating to the person of a child
(1) A court may exercise jurisdiction for a Commonwealth personal protection measure only in relation to: (a) a child who is present and habitually resident in Australia; or (b) a child who is…
Section 111D — Regulations may provide for rules of evidence
(1) Regulations made for the purposes of Part XIIIAA may make provision in relation to the rules of evidence that are to apply in proceedings under those regulations. (2) Such provisions have effect…
Section 111CE — Limitation when a child is wrongfully removed from or retained outside a Convention country
A court must not, other than in a case of urgency, exercise jurisdiction in accordance with paragraph 111CD(1)(a), (b), (c) or (d) to take a Commonwealth personal protection measure relating to a…
Section 111CF — Limitations when prior proceedings pending in a Convention country
(1) This section applies to the exercise of jurisdiction by a court in accordance with paragraph 111CD(1)(a), subparagraph 111CD(1)(b)(iii), (iv), (v) or (vi) or paragraph 111CD(1)(c) or (d). (2) The…
Section 111CG — If a court is asked to assume jurisdiction
(1) A court may, if it considers that it is in the child’s best interests, accept or reject a request made under Article 8 of the Child Protection Convention by, or at the invitation of, a competent…
Section 111CH — Limitation if a competent authority of a Convention country is asked to assume jurisdiction
(1) The court may order, or invite the parties to proceedings before the court to ask the Commonwealth central authority, in a way the Commonwealth central authority considers appropriate, to request…
Section 111CI — When a certain Commonwealth personal protection measure lapses
(1) A Commonwealth personal protection measure relating to a child that is taken by a court exercising jurisdiction in accordance with subparagraph 111CD(1)(b)(i) or (ii) lapses if: (a) a foreign…
Section 111CJ — Application of this Subdivision
This Subdivision applies only if an issue under this Act is whether a court, as opposed to any of the following authorities, has jurisdiction to appoint, or determine the powers of, a guardian of a…
Section 111CK — Jurisdiction to appoint, or determine the powers of, a guardian for a child’s property
(1) A court may exercise jurisdiction for a Commonwealth property protection measure only in relation to: (a) a child who is habitually resident in Australia; or (b) a child who is habitually…
Section 111CL — Limitation when a child is wrongfully removed from or retained outside a Convention country
A court must not, other than in a case of urgency, exercise jurisdiction in accordance with paragraph 111CK(1)(a), (b) or (c) to take a Commonwealth property protection measure relating to a child…
Section 111CM — Limitations when prior proceedings pending in a Convention country
(1) This section applies to the exercise of jurisdiction by a court in accordance with paragraph 111CK(1)(a), subparagraph 111CK(1)(b)(iii), (iv), (v) or (vi) or paragraph 111CK(1)(c). (2) The court…