Family Law Act 1975
Sections and provisions with full text and the judgments that cite each one.
Section 66J — Matters to be taken into account in considering financial support necessary for maintenance of child
(1) In considering the financial support necessary for the maintenance of a child, the court must take into account these (and no other) matters: (a) the matters mentioned in section 66B; and (b) the…
Section 66K — Matters to be taken into account in determining contribution that should be made by party etc.
(1) In determining the financial contribution, or respective financial contributions, towards the financial support necessary for the maintenance of a child that should be made by a party, or by…
Section 66L — Children who are 18 or over
(1) A court must not make a child maintenance order in relation to a child who is 18 or over unless the court is satisfied that the provision of the maintenance is necessary: (a) to enable the child…
Section 66M — When step-parents have a duty to maintain
(1) As stated in section 66D, a step-parent of a child has a duty of maintaining a child if, and only if, there is an order in force under this section. (2) A court having jurisdiction under this…
Section 66N — Determining financial contribution of step-parent
In determining the financial contribution towards the financial support necessary for the maintenance of the child that should be made by a party to the proceedings who is a step-parent of the child,…
Section 66P — General powers of court
(1) In proceedings for a child maintenance order, a court may do all or any of the following: (a) order payment of a lump sum, whether in one amount or by instalments; (b) order payment of a weekly,…
Section 66Q — Urgent child maintenance orders
If, in proceedings for a child maintenance order in relation to a child: (a) the court considers that the child is in immediate need of financial assistance; but (b) it is not practicable in the…
Section 66R — Specification in orders of payments etc. for child maintenance purposes
(1) If: (a) a court makes an order under this Act (whether or not the order is made in proceedings in relation to the maintenance of a child, is made by consent or varies an earlier order) that has…
Section 66S — Modification of child maintenance orders
(1) This section applies if: (a) there is in force an order (the first order), for the maintenance of a child (whether or not made under this Act and whether made before or after the commencement of…
Section 66T — Effect of child turning 18
As stated in subsection 66L(3), a child maintenance order in relation to a child stops being in force when the child turns 18, unless the order is expressed to continue in force after then.
Section 66U — Effect of death of child, person liable to pay or person entitled to receive
(1) A child maintenance order in relation to a child stops being in force on the death of the child. (2) A child maintenance order in relation to a child stops being in force on the death of the…
Section 66V — Effect of adoption, marriage or entering into a de facto relationship
(1) A child maintenance order in relation to a child stops being in force if the child is adopted, marries or enters into a de facto relationship. (2) If a child to whom a child maintenance order…
Section 66W — Recovery of arrears
(1) Nothing in subsection 66L(3), or in this Subdivision (apart from subsection (2) of this section), affects the recovery of arrears due under a child maintenance order in relation to a child when…
Section 66X — Recovery of amounts paid, and property transferred or settled, under maintenance orders
(1) This section applies if: (a) a court has at any time purported to make an order (the purported order) of a kind referred to in paragraph 66P(1)(a), (b) or (c) requiring a person (the maintenance…
Section 67A — What this Division does
This Division deals with: (a) the liability of a father to contribute towards child bearing expenses if he is not married to the child’s mother (Subdivision B); and (b) orders for the location and…
Section 67NA — Persons who are related to a child for the purposes of paragraph 67N(9)(b)
(1) For the purposes of paragraph 67N(9)(b), the following persons are related to a child: (a) a parent, adoptive parent or step-parent of the child; (b) a grandparent or step-grandparent of the…
Section 67ZA — Where member of the Court personnel, family counsellor, family dispute resolution practitioner or arbitrator suspects child abuse etc.
(1) This section applies to a person in the course of performing duties or functions, or exercising powers, as: (a) the Chief Executive Officer; or (aa) a Senior Registrar or Registrar of the Federal…
Section 67ZBA — Where interested person makes allegation of family violence
(1) This section applies if an interested person in proceedings for an order under this Part in relation to a child alleges, as a consideration that is relevant to whether the court should make or…
Section 67B — Father liable to contribute towards maintenance and expenses of mother
The father of a child who is not married to the child’s mother is, subject to this Division, liable to make a proper contribution towards: (a) the maintenance of the mother for the childbirth…
Section 67ZB — No liability for notification under section 67Z or 67ZA
(1) A person: (a) must give notice under subsection 67Z(3) or 67ZA(2); or (b) may give notice under subsection 67ZA(3) or (4); or (c) may disclose other information under subsection 67ZA(6); in spite…
Section 67ZBB — Court to take prompt action in relation to allegations of child abuse or family violence
(1) This section applies if: (a) a notice is filed under subsection 67Z(2) or 67ZBA(2) in proceedings for an order under this Part in relation to a child; and (b) the notice alleges, as a…
Section 67C — Matters to be taken into account in proceedings under Subdivision
(1) In proceedings under this Subdivision in relation to the birth of a child, the court must, in determining the contribution that should be made by the father of the child, take into account the…
Section 67ZBC — Meaning of information sharing agency
If the regulations prescribe an agency of a State or Territory, a part of such an agency, or a part of a Commonwealth agency that provides services on behalf of a State or Territory, for the purposes…
Section 67ZC — Orders relating to welfare of children
(1) In addition to the jurisdiction that a court has under this Part in relation to children, the court also has jurisdiction to make orders relating to the welfare of children. Note: Division 4 of…
Section 67D — Powers of court in proceedings under Subdivision
(1) In proceedings under this Subdivision in relation to the birth of a child, the court may make such order as it thinks proper. (2) In exercising its powers under this Subdivision, a court may do…
Section 67ZBD — Order to provide particulars of documents or information relating to certain matters
(1) The court may make an order, in child-related proceedings, requiring an information sharing agency to: (a) inform the court whether the agency has in its possession or control any documents or…
Section 67ZD — Orders for delivery of travel documents
If a court having jurisdiction under this Part considers that there is a possibility or threat that a child may be removed from Australia, it may order that the following documents be ordered up to…
Section 67E — Urgent orders
If, in proceedings under this Subdivision in relation to the birth of a child: (a) the court is of the opinion that the applicant is in immediate need of financial assistance; but (b) it is not…
Section 67ZBE — Order to provide documents or information relating to certain matters
(1) The court may make an order, in child-related proceedings, requiring an information sharing agency to produce to the court any documents, and give the court any information, in the agency’s…
Section 67F — Who may institute proceedings
Proceedings under this Subdivision in relation to the birth of a child may be instituted by the mother or by the mother’s legal personal representative.
Section 67ZBF — Disclosure of protected material
(1) An order made under section 67ZBD or 67ZBE does not require, but allows, an information sharing agency to: (a) give the court particulars of a document or information, to the extent that the…
Section 67G — Time limit for institution of proceedings
(1) Proceedings under this Subdivision in relation to the birth of a child may be instituted: (a) at any time during the pregnancy of the mother; or (b) after the birth of the child, but not later…
Section 67ZBG — Advice to court about risk of disclosure
(1) This section applies if, under an order made under section 67ZBD or 67ZBE, or under subsection 67ZBD(5) or 67ZBE(5), an information sharing agency: (a) gives the court particulars of a document…
Section 67ZBH — Admission of particulars, documents or information into evidence
(1) The court must admit into evidence any particulars, documents or information provided under an order made under section 67ZBD or 67ZBE, or under subsection 67ZBD(5) or 67ZBE(5), on which the…
Section 67ZBI — Information sharing agencies and court must have regard to information sharing safeguards
(1) An information sharing agency must, when providing particulars, documents or information under an order made under section 67ZBD or 67ZBE, or under subsection 67ZBD(5) or 67ZBE(5), have regard to…
Section 67J — Meaning of location order and Commonwealth information order
(1) A location order is an order made by a court requiring: (a) a person to provide the Registry Manager of the court with information that the person has or obtains about the child’s location; or…
Section 67ZBJ — When orders may be made
(1) The court may make an order under section 67ZBD or 67ZBE at any time after the commencement of child-related proceedings and before making final orders. (2) The court may make an order under…
Section 67K — Who may apply for a location order
(1) A location order in relation to a child may be applied for by: (a) a person with whom the child is to live under a parenting order; or (b) a person with whom the child is to spend time under a…
Section 67ZBK — Subpoena in respect of certain documents or information
If an order has been made under section 67ZBE in the course of child-related proceedings requiring an information sharing agency to provide documents or information, a party to those proceedings must…
Section 67L — Child’s best interests paramount consideration in making a location order
In deciding whether to make a location order in relation to a child, a court must regard the best interests of the child as the paramount consideration. Note: Sections 60CB to 60CG deal with how a…
Section 67ZBL — Review of provisions
(1) The Minister must arrange for the conduct of a review of the operation of this Subdivision, and regulations made for the purposes of this Subdivision, to start at both of the following times: (a)…
Section 67M — Provisions about location orders, other than Commonwealth information orders
(1) This section applies to location orders other than Commonwealth information orders. (2) Subject to section 67L, a court having jurisdiction under this Part or section 111CX, or exercising…
Section 67N — Provisions about Commonwealth information orders
(1) This section applies to Commonwealth information orders. Requirements for making a Commonwealth information order (2) Subject to section 67L, a court having jurisdiction under this Part or…
Section 67P — Information provided under location order not to be disclosed except to limited persons
(1) Information provided to the Registry Manager of a court under a location order (including a Commonwealth information order) must not be disclosed by the Registry Manager, or by any other person…
Section 67Q — Meaning of recovery order
A recovery order is an order made by a court doing all or any of the following: (a) requiring the return of a child to: (i) a parent of the child; or (ii) a person with whom the child is to live…
Section 67R — How recovery orders authorise or direct people
(1) An authorisation or direction described in paragraph 67Q(b), (c) or (d) may be addressed to: (a) a named person; or (b) every person from time to time holding or acting in a specified office of…
Section 67S — How recovery orders to stop and search etc. name or describe vehicles, places etc.
An authorisation or direction described in paragraph 67Q(b) may be expressed to apply to: (a) a vehicle, vessel, aircraft, premises or place named or described either specifically or in general…
Section 67T — Who may apply for a recovery order
A recovery order in relation to a child may be applied for by: (a) a person with whom the child is to live under a parenting order; or (b) a person with whom the child is to spend time under a…
Section 67U — Court’s power to make recovery order
In proceedings for a recovery order, the court may, subject to section 67V, make such recovery order as it thinks proper.
Section 67V — Child’s best interests paramount consideration in making a recovery order
In deciding whether to make a recovery order in relation to a child, a court must regard the best interests of the child as the paramount consideration. Note: Sections 60CB to 60CG deal with how a…