Family Law Act 1975
Sections and provisions with full text and the judgments that cite each one.
Section 69W — Orders for carrying out of parentage testing procedures
(1) If the parentage of a child is a question in issue in proceedings under this Act, the court may make an order (a parentage testing order) requiring a parentage testing procedure to be carried out…
Section 69X — Orders associated with parentage testing orders
(1) If a court makes a parentage testing order, it may also make orders under subsection (2) or (4). (2) The court may make such orders as it considers necessary or desirable: (a) to enable the…
Section 69Y — Orders directed to persons 18 or over
(1) If a person who is 18 or over contravenes a parentage testing order or an order under section 69X, the person is not liable to any penalty in relation to the contravention. (2) The court may draw…
Section 69Z — Orders directed to children under 18
(1) This section applies if a parentage testing order, or an order under section 69X, requires a medical procedure or other act to be carried out in relation to a child who is under 18. (2) The…
Section 70A — What this Division does
This Division provides for: (a) the registration of State and Territory orders dealing with children (Subdivision B); and (b) the registration of overseas orders dealing with children (Subdivision…
Section 70NAA — Simplified outline
This Division sets out orders that a court may make if an issue arises in the proceedings about whether a person (the respondent) has contravened a child-related order. The court may, at any stage of…
Section 70NADA — Burden of proof in relation to reasonable excuse
A person who claims to have a reasonable excuse for contravening a child-related order has the legal burden of proving the excuse.
Section 70NBA — Court may make orders in proceedings relating to contravention of child-related orders
(1) This Subdivision sets out orders that a court exercising jurisdiction in proceedings under this Act may make if: (a) an issue arises in the proceedings about whether a person (the respondent) has…
Section 70NCA — Matters relating to bonds
(1) This section sets out requirements relating to bonds that the court may require the respondent to enter into under paragraph 70NBF(1)(a). Matters dealt with in bonds (2) A bond is to be for a…
Section 70NDA — Court may issue warrant for arrest of alleged offender
(1) The court may issue a warrant authorising a person to whom it is addressed to arrest the respondent if: (a) a child-related order that is a parenting order provides that a child is to live with,…
Section 70PA — Situation to which Subdivision applies
This Subdivision applies if a person: (a) is arrested under a warrant issued under subsection 70NDA(1) (warrants for arrest of persons alleged to have contravened a child-related order); or (b) is…
Section 70NAB — Objects
The principal objects of this Division are to meet the best interests of children to whom child-related orders relate by: (a) supporting compliance with child-related orders; and (b) resolving…
Section 70NBB — Make-up time parenting orders
(1) If a child does not spend time with a person as required by a child-related order as a result of the alleged contravention mentioned in subsection 70NBA(1), then, in lieu of that time, the court…
Section 70NCB — Procedure for enforcing bonds
(1) This section applies if: (a) the court finds that the respondent has contravened a child-related order without having a reasonable excuse; and (b) the respondent has entered into a bond in…
Section 70NDB — Relationship between Division and prosecutions for offences under other laws
(1) This section applies if: (a) an act or omission by the respondent: (i) constitutes an alleged contravention of a child-related order; and (ii) also constitutes an alleged offence under any law;…
Section 70PB — Arrested person to be brought before a court
(1) The arresting person must: (a) ensure that the alleged offender is brought before a court having jurisdiction under this Part before the end of the holding period applicable under subsection (4);…
Section 70C — General registration of orders made under law of prescribed State
The applicable Rules of Court may make provision for and in relation to the registration in a court having jurisdiction under this Part of State child orders made under a law of a prescribed State.
Section 70NAC — Meaning of contravene a child-related order
(1) A person contravenes a child-related order only if: (a) the person is a person (other than a child) to whom the order applies and: (i) the person intentionally fails to comply with the order; or…
Section 70NBC — Variation and suspension of child-related orders that are parenting orders
Variation of child-related orders that are parenting orders (1) The court may, at any stage of the proceedings, vary a child-related order that is a parenting order. Note: The court must not…
Section 70NCC — Matters relating to imprisonment
(1) This section applies if a sentence of imprisonment is imposed on the respondent under subparagraph 70NBF(1)(d)(ii). Limits on sentences of imprisonment (2) The sentence of imprisonment must be…
Section 70NDC — Division does not limit operation of section 105
Nothing in this Division limits the operation of section 105 (which deals with enforcement generally).
Section 70PC — Obligation of court—where application before it to deal with contravention
(1) This section applies if: (a) the alleged offender is brought before a court under section 70PB; and (b) there is an application before the court for the alleged offender to be dealt with under…
Section 70D — Registration of orders in a particular State
The applicable Rules of Court may make provision for and in relation to the registration in a State in a court having jurisdiction under this Act of State child orders made by a court in another…
Section 70NAD — Meaning of reasonable excuse for contravening a child-related order
Where person did not understand obligations (1) A person has a reasonable excuse for contravening a child-related order if: (a) the person contravened the order because at the time of the…
Section 70NBD — Post-separation parenting programs
Post-separation parenting program orders (1) The court may, at any stage of the proceedings, make an order requiring the respondent and, if appropriate, one or more other parties to the proceedings,…
Section 70NCD — Powers of court in relation to imprisoned person
Release of imprisoned respondent (1) The court that has sentenced the respondent to imprisonment may order the release of the respondent if it is satisfied that the respondent will, if released,…
Section 70PD — Obligation of court—where no application before it, but application before another court, to deal with contravention
(1) This section applies if: (a) the alleged offender is brought before a court under section 70PB; and (b) there is no application, or no longer any application, before the court for the alleged…
Section 70E — Effect of registration
A State child order registered in a court under section 70C or 70D has the same force and effect as if it were an order made by that court under this Part.
Section 70NAE — Standard of proof
The standard of proof to be applied in determining matters in proceedings under this Division (other than paragraph 70NBF(1)(d)) is proof on the balance of probabilities. Note: The court may make an…
Section 70NCE — Rules relating to child maintenance orders and child support
Sentences of imprisonment for contravention of child maintenance orders (1) The court must not make an order imposing a sentence of imprisonment on the respondent under subparagraph 70NBF(1)(d)(ii),…
Section 70PE — Obligation of court—where no application before any court to deal with contravention
(1) This section applies if: (a) the alleged offender is brought before a court under section 70PB; and (b) there is no application, or no longer any application, before the court for the alleged…
Section 70NBF — Orders where contravention established without reasonable excuse
Orders for contraventions without reasonable excuse (1) If the court finds that the respondent has contravened a child-related order without having a reasonable excuse, the court may make any of the…
Section 70PF — Applications heard as required by subsection 70PC(2) or paragraph 70PD(3)(b)
(1) If a court hearing an application as required by subsection 70PC(2) or paragraph 70PD(3)(b) adjourns the hearing, the court must: (a) order the alleged offender to be kept in such custody as the…
Section 70G — Registration of orders
The regulations may make provision for and in relation to the registration in courts in Australia of overseas child orders, other than excluded orders.
Section 70H — Effect of registration—general
An overseas child order registered in a court under section 70G has the same force and effect as if it were an order made by that court under this Part. Note: Division 4 of Part XIIIAA (International…
Section 70J — Effect of registration on exercise of jurisdiction
(1) A court in Australia that is aware that an overseas child order is registered under section 70G must not exercise jurisdiction in proceedings for the making of a Subdivision C parenting order in…
Section 70K — Cancellation of registration if Subdivision C parenting order made
If a court: (a) is aware that an overseas child order is registered under section 70G; and (b) makes a Subdivision C parenting order in relation to the child concerned; the court must cancel the…
Section 70L — Relationship between Australian orders and registered overseas child orders
(1) In this section: Australian child order means: (a) a Subdivision C parenting order; or (b) a State child order. responsible person, in relation to an Australian child order or an overseas child…
Section 70M — Registry Manager to send documents etc. to overseas jurisdiction
(1) This section applies if: (a) a court in Australia makes, in relation to a child who is under 18: (i) a parenting order, other than a child maintenance order; or (ii) a State child order; and (b)…
Section 70N — Regulations may deal with sending Australian orders etc. to overseas jurisdiction
(1) The regulations may make provision for and in relation to the sending to a prescribed overseas jurisdiction of copies of, and documents relating to: (a) a parenting order, other than a child…
Section 70P — What this Division does
This Division is about dealing with people who have been arrested and miscellaneous matters relating to children.
Section 70Q — Certain instruments not liable to duty
(1) The following instruments are not subject to any duty or charge under any law of a State or Territory or any law of the Commonwealth that applies only in relation to a Territory: (a) an…
Section 71 — Interpretation
In this Part: marriage includes a void marriage. remarriage, in relation to a person who was a party to a purported marriage that is void, means marriage.
Section 71A — This Part does not apply to certain matters covered by binding financial agreements
(1) This Part does not apply to: (a) financial matters to which a financial agreement that is binding on the parties to the agreement applies; or (b) financial resources to which a financial…
Section 71B — Duty of disclosure
Duty of disclosure in proceedings (1) Each party to a proceeding relating to financial or property matters of a marriage (other than proceedings on appeal) has a duty to the court and to each other…
Section 72 — Right of spouse to maintenance
(1) A party to a marriage is liable to maintain the other party, to the extent that the first-mentioned party is reasonably able to do so, if, and only if, that other party is unable to support…
Section 74 — Power of court in spousal maintenance proceedings
(1) In proceedings with respect to the maintenance of a party to a marriage, the court may make such order as it considers proper for the provision of maintenance in accordance with this Part. (2)…
Section 75 — Matters to be taken into consideration in relation to spousal maintenance
(1) In exercising jurisdiction under section 74, the court shall take into account only the matters referred to in subsection (2). (2) The matters to be so taken into account are: (aa) the effect of…
Section 77 — Urgent spousal maintenance cases
Where, in proceedings with respect to the maintenance of a party to a marriage, it appears to the court that the party is in immediate need of financial assistance, but it is not practicable in the…
Section 77A — Specification in orders of payments etc. for spouse maintenance purposes
(1) Where: (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 party to a marriage, is made by consent or varies an earlier…