Family Proceedings Act 1980
Sections and provisions with full text and the judgments that cite each one.
Section 45 — Arrangements for welfare of children on dissolution of marriage or civil union
45 Arrangements for welfare of children on dissolution of marriage or civil union (1) A Family Court shall not make an order dissolving a marriage or civil union unless it is satisfied that— (a)…
Section 46 — Reports as to children
46 Reports as to children (1) In any proceedings under this Act relating to a child the Court may request a Social Worker to submit to the Court a written report on the arrangements that are proposed…
Section 47 — Applications for paternity orders
47 Applications for paternity orders (1) An application for a paternity order in respect of a child may be made: (a) In any case, by the mother of the child; or (b) Where the mother is under the age…
Section 48 — Jurisdiction to establish paternity
48 Jurisdiction to establish paternity An application for a paternity order in respect of a child (whether it is born, unborn, living, or dead) may be made only where at the time of the filing of the…
Section 49 — Time limit on applications for paternity orders
49 Time limit on applications for paternity orders (1) Subject to subsection (2) of this section, no application for a paternity order in respect of a child may be made after the expiration of 6…
Section 50 — Power of Family Court to make paternity orders
50 Power of Family Court to make paternity orders (1) Every application for a paternity order in respect of a child shall be heard and determined in a Family Court. (2) Nothing in subsection (1) of…
Section 51 — Paternity orders
51 Paternity orders (1) On hearing an application for a paternity order made under section 47 in respect of a child, the Family Court,— (a) must, if it is satisfied that the respondent is the father…
Section 52 — Evidence of mother
52 Evidence of mother (1) The evidence of the mother of a child shall not be necessary for the making of a paternity order in respect of the child. (2) If the mother of the child gives evidence, no…
Section 53 — False statement in application for paternity order
53 False statement in application for paternity order Every person commits an offence and is liable on summary conviction to a fine not exceeding $1,000 who, in any application for a paternity order…
Section 54 — Parentage tests
54 Parentage tests (1) In any civil proceedings (whether under this Act or not) in which the parentage of a child is in issue— (a) The Court may, of its own motion or on the application of a party to…
Section 55 — Contents of report
55 Contents of report (1) A report on parentage tests— (a) Shall state the qualifications of the person making the report; and (b) Shall include or be accompanied by a statement showing the…
Section 56 — Right of examination
56 Right of examination Where a report on parentage tests is submitted to a Court, the Court may on the application of any party summon as a witness in the proceedings— (a) The person who has…
Section 57 — Refusal of parentage tests
57 Refusal of parentage tests (1) In any civil proceedings in which the natural parentage of a child is in issue, whether or not the Court has recommended under section 54(1) of this Act that…
Section 58 — Costs of parentage tests
58 Costs of parentage tests Where costs are incurred in the taking and testing of parentage samples under section 54(1) of this Act, each party shall, unless the Court otherwise directs, be primarily…
Section 59 — Offences relating to parentage tests
59 Offences relating to parentage tests Every person commits an offence and is liable on summary conviction to a fine not exceeding $1,000 who, for the purpose of the providing of a blood sample or…
Section 60 — Interpretation
60 Interpretation (1) In this Part, unless the context otherwise requires, de facto partner and de facto relationship have the same meaning as in section 2 of the Property (Relationships) Act 1976 .…
Section 61 — Application of principles
61 Application of principles In proceedings under this Part of this Act (other than proceedings under section 79 or section 82 of this Act), the Court shall apply the principles set out in sections…
Section 62 — Domestic benefit irrelevant
62 Domestic benefit irrelevant Without limiting or affecting the law relating to any other benefit, the liability to maintain any person under this Act is not extinguished by reason of the fact that…
Section 63 — Maintenance during marriage or civil union
63 Maintenance during marriage or civil union (1) During a marriage or civil union, each party is liable to maintain the other party to the extent that such maintenance is necessary to meet the…
Section 64 — Maintenance after marriage or civil union dissolved or de facto relationship ends
64 Maintenance after marriage or civil union dissolved or de facto relationship ends (1) Subject to section 64A , after the dissolution of a marriage or civil union or, in the case of a de facto…
Section 64A — Spouses, civil union partners, or de facto partners must assume responsibility for own needs within reasonable time
64A Spouses, civil union partners, or de facto partners must assume responsibility for own needs within reasonable time (1) If a marriage or civil union is dissolved or, in the case of a de facto…
Section 65 — Assessment of maintenance payable to spouse, civil union partner, or de facto partner
65 Assessment of maintenance payable to spouse, civil union partner, or de facto partner (1) This section sets out the matters that a Court must have regard to in determining the amount payable,— (a)…
Section 66 — Relevance of conduct to maintenance of spouses, civil union partners, or de facto partners
66 Relevance of conduct to maintenance of spouses, civil union partners, or de facto partners (1) The Court may have regard to the matters set out in subsection (2) in considering,— (a) in the case…
Section 67 — Application by either spouse or civil union partner for maintenance during marriage or civil union
67 Application by either spouse or civil union partner for maintenance during marriage or civil union Either party to a marriage or civil union may make an application for a maintenance order against…
Section 68 — Power of Family Court to make maintenance order in favour of either spouse or civil union partner
68 Power of Family Court to make maintenance order in favour of either spouse or civil union partner Every application under section 67 of this Act shall be heard and determined in a Family Court.…
Section 69 — Maintenance order in favour of either spouse or civil union partner
69 Maintenance order in favour of either spouse or civil union partner (1) On hearing an application under section 67 of this Act a Family Court may, subject to section 61 of this Act, make any one…
Section 70 — Order for maintenance after marriage or civil union dissolved or de facto relationship ends
70 Order for maintenance after marriage or civil union dissolved or de facto relationship ends (1) A Family Court may make an order under subsection (2) — (a) on or at any time after the making of an…
Section 70A — Effect of entering into new marriage or civil union or de facto relationship
70A Effect of entering into new marriage or civil union or de facto relationship (1) The Court may not make an order in proceedings under section 70 — (a) in favour of a party who is seeking…
Section 70B — Restriction on maintenance orders in favour of de facto partners
70B Restriction on maintenance orders in favour of de facto partners (1) This section applies to a de facto relationship that is a relationship of short duration as defined in section 2 of the…
Section 71 — Time limit for applying for order against estate of deceased party
71 Time limit for applying for order against estate of deceased party (1) No order under section 70 of this Act shall be sought against the personal representative of a person after the expiration of…
Section 72 — Maintenance of children
72 Maintenance of children [Repealed] Section 72 and the preceding heading were repealed, as from 1 July 1992, by section 10(1)(a) and (b) Family Proceedings Amendment Act 1991 (1991 No 144). See…
Section 73 — Limitations on liability as father
73 Limitations on liability as father [Repealed] Sections 73 to 77 were repealed, as from 1 July 1992, by section 10(1)(a) and (b) Family Proceedings Amendment Act 1991 (1991 No 144). See section 259…
Section 74 — Applications for maintenance orders in respect of children
74 Applications for maintenance orders in respect of children [Repealed] Sections 73 to 77 were repealed, as from 1 July 1992, by section 10(1)(a) and (b) Family Proceedings Amendment Act 1991 (1991…
Section 75 — Power of Family Court to make maintenance orders in respect of children
75 Power of Family Court to make maintenance orders in respect of children [Repealed] Sections 73 to 77 were repealed, as from 1 July 1992, by section 10(1)(a) and (b) Family Proceedings Amendment…
Section 76 — Maintenance orders in respect of children
76 Maintenance orders in respect of children [Repealed] Sections 73 to 77 were repealed, as from 1 July 1992, by section 10(1)(a) and (b) Family Proceedings Amendment Act 1991 (1991 No 144). See…
Section 77 — Contributions by other parent
77 Contributions by other parent [Repealed] Sections 73 to 77 were repealed, as from 1 July 1992, by section 10(1)(a) and (b) Family Proceedings Amendment Act 1991 (1991 No 144). See section 259…
Section 78 — Related orders
78 Related orders (1) On or at any time after making a paternity order in respect of a child that has already been born, a Family Court may, if the child is dead, order the respondent to pay such sum…
Section 79 — Application for maintenance order against natural parent
79 Application for maintenance order against natural parent Where— (a) The natural parents of a child are not married to, or in a civil union with, each other; and (b) The natural father of the child…
Section 80 — Power of Family Court to make maintenance orders against natural parent
80 Power of Family Court to make maintenance orders against natural parent Every application under section 79 of this Act shall be heard and determined in a Family Court. Compare: 1968 No 62 s…
Section 81 — Maintenance order against natural parent
81 Maintenance order against natural parent (1) On hearing an application under section 79 of this Act, the Court may, if it is satisfied that— (a) It is desirable, in the interests of providing, or…
Section 82 — Interim maintenance
82 Interim maintenance (1) Where an application for a maintenance order or for the variation, extension, suspension, or discharge of a maintenance order has been filed, any District Court Judge may…
Section 83 — Registration of maintenance agreements
83 Registration of maintenance agreements [Repealed] Sections 83 to 90 were repealed, as from 1 July 1992, by section 14(1) Family Proceedings Amendment Act 1991 (1991 No 144). See section 259 Child…
Section 84 — Effect of registration
84 Effect of registration [Repealed] Sections 83 to 90 were repealed, as from 1 July 1992, by section 14(1) Family Proceedings Amendment Act 1991 (1991 No 144). See section 259 Child Support Act 1991…
Section 85 — Maintenance agreements to bind parties
85 Maintenance agreements to bind parties [Repealed] Sections 83 to 90 were repealed, as from 1 July 1992, by section 14(1) Family Proceedings Amendment Act 1991 (1991 No 144). See section 259 Child…
Section 86 — Registered agreement to operate as bar to order
86 Registered agreement to operate as bar to order [Repealed] Sections 83 to 90 were repealed, as from 1 July 1992, by section 14(1) Family Proceedings Amendment Act 1991 (1991 No 144). See section…
Section 87 — Enforcement of agreement in respect of child over sixteen
87 Enforcement of agreement in respect of child over sixteen [Repealed] Subsection (1) was amended, as from 20 November 1989, by section 2(1) Family Proceedings Amendment Act 1989 (1989 No 116) by…
Section 88 — Enforcement against estate of deceased person
88 Enforcement against estate of deceased person [Repealed] Sections 83 to 90 were repealed, as from 1 July 1992, by section 14(1) Family Proceedings Amendment Act 1991 (1991 No 144). See section 259…
Section 89 — Recovery of arrears on cessation of agreement
89 Recovery of arrears on cessation of agreement [Repealed] Sections 83 to 90 were repealed, as from 1 July 1992, by section 14(1) Family Proceedings Amendment Act 1991 (1991 No 144). See section 259…
Section 90 — Setting aside and cancelling of registration
90 Setting aside and cancelling of registration [Repealed] Sections 83 to 90 were repealed, as from 1 July 1992, by section 14(1) Family Proceedings Amendment Act 1991 (1991 No 144). See section 259…
Section 91 — Reports as to maintenance
91 Reports as to maintenance (1) In any proceedings under this Act relating to maintenance, the Court may request any officer of the department for the time being responsible for the administration…