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Family Law Regulations 2024
In force
Administered by
Attorney-General's Department
This item is authorised by the following title:
Family Law Act 1975
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F2024L01638
13 December 2024
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Part 1—Introduction
Division 1—Preliminary
1 Name
2 Commencement
3 Authority
Division 2—Definitions
4 Definitions
5 Meaning of child welfare law—prescribed State or Territory laws
6 Meaning of child welfare officer—prescribed State or Territory offices
7 Meaning of family violence order—prescribed State or Territory laws
8 Meaning of forfeiture order—declared State and Territory orders
9 Meaning of income tested pension, allowance or benefit—prescribed pensions, allowances or benefits
10 Meaning of prescribed overseas jurisdiction
11 Meaning of restraining order—declared State and Territory orders
12 Definition of State or Territory proceeds of crime law—declared State or Territory corresponding laws
13 Meaning of de facto relationship—prescribed laws and relationships
14 Definition of proceeds of crime authority
Division 3—Directions and orders
15 Directions as to practice and procedure
16 Non compliance with this instrument
17 Court or relevant Registrar may relieve from consequences of non compliance
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Part 2—Protection of names and symbols
18 Protected names
19 Protected symbols
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Part 3—Arbitration
20 Purposes of this Part
21 Prescribed requirements for arbitrator
22 Meaning of arbitration agreement
23 Disputes, proceedings or matters that may not be arbitrated
24 Application for referral to arbitration
25 Application relating to relevant property or financial arbitration
26 Action arbitrator must take before arbitrating a dispute, proceeding or matter
27 Arbitration agreement
28 Costs of arbitration
29 Duties of arbitrator
30 Oath or affirmation by arbitrator
31 Suspension of arbitration—failure to comply with direction
32 Termination of arbitration—inability to take part
33 Appearance in arbitration
34 Attendance of persons to give evidence
35 Application of rules of evidence
36 Making an award
37 Registration of award
38 Enforcement of registered award
39 Registration of decree affecting registered award
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Part 4—Family consultants
40 Appointment of family consultants
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Part 5—Obligations to inform people about non court based family services and about court’s processes and services
41 Prescribed information about non court based family services and court’s processes and services
42 Prescribed information about reconciliation
43 Prescribed information about Part VII proceedings
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Part 6—Jurisdiction of Courts
44 Certain jurisdiction of Federal Circuit and Family Court of Australia (Division 2) must not be exercised in States and Territories
45 Proceedings for divorce order not to be instituted in a court of summary jurisdiction other than a prescribed court
46 Jurisdiction of courts
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Part 7—Children
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Division 1—Interpretation—how the family law applies to certain children
47 Artificial conception procedures: child of woman and other intended parent—prescribed laws
48 Artificial conception procedures: child of woman—prescribed laws
49 Children born under surrogacy arrangements—prescribed laws
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Division 2—Family dispute resolution
50 Other circumstances in which court is not prevented from hearing an application for Part VII order
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Division 3—Obligations under parenting orders relating to taking or sending children from Australia
51 Authentication of consent in writing
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Division 4—Location and recovery of children
52 Commonwealth information orders—prescribed Departments and Commonwealth instrumentalities
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Division 5—Orders for information etc. in child related proceedings
53 Information sharing agencies
54 Information sharing safeguards
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Division 6—Family violence
55 Registration of court decision
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Division 7—Parentage evidence
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Subdivision A—General
56 Purposes of this Division
57 Application of this Division
58 Meaning of certain terms relating to parentage testing procedures
59 Parentage testing procedures
Subdivision B—Collection, storage and testing of samples
60 Samplers
61 Provision of information by donor—Form 3
62 Collection of blood samples
63 Collection of other bodily samples
64 Container to be sealed and labelled
65 Statement by sampler—Form 4
66 Packing and storage requirements
67 Testing of bodily samples
Subdivision C—Reports
68 Reports—Form 5
Subdivision D—Miscellaneous
69 Notification of accredited laboratories and nominated reporters
Division 8—Principles for conducting child related proceedings: matters relating to evidence
70 Evidence relating to professional confidential relationship privilege—specified laws
Division 9—State, Territory and overseas orders
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Subdivision A—Registration of State and Territory orders
71 State child orders for and in relation to which applicable Rules of Court may make provision—prescribed States
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Subdivision B—Registration of overseas orders
72 Registration of overseas child orders
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Subdivision C—Transmission of Australian orders to overseas jurisdictions
73 Transmission of orders to overseas jurisdiction
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Part 8—Orders and injunctions binding third parties
74 Third party expenses
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Part 9—Registration and enforcement of decrees
75 Registration of decrees
76 Inter State enforcement of child bearing expenses order
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Part 10—International conventions, international agreements and international enforcement
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Division 1—General
77 Extension of provisions of the Act
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Division 2—Service under the Hague Service Convention
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Subdivision A—Preliminary
78 Purposes of this Division
79 Meaning of Convention country and of certain other terms used in this Division
80 Provisions of this Division to prevail
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Subdivision B—Service abroad of local judicial documents
81 Application of this Subdivision
82 Application for request for service abroad
83 How application is to be dealt with
84 Procedure on receipt of Convention certificate of service
85 Payment of costs
86 Evidence of service
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Subdivision C—Default judgment following service abroad of initiating process
87 Application of this Subdivision
88 Restriction on power to enter default judgment if Convention certificate of service is filed
89 Restriction on power to enter default judgment if Convention certificate of service is not filed
90 Setting aside judgment in default of appearance
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Division 3—Service in countries that are parties to conventions other than the Hague Service Convention
91 Purposes of this Division
92 Application of this Division
93 Meaning of Cooperation Convention and Cooperation Convention country
94 Service in accordance with Cooperation Convention
95 Application for request for service abroad
96 How application is to be dealt with
97 Procedure on receipt of certificate of service
98 Payment of costs
99 Evidence of service
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Division 4—Overseas maintenance orders
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Subdivision A—General
100 Purposes of this Division
101 Meaning of maintenance order—prescribed orders
102 Reciprocating jurisdictions
103 Institution of spousal maintenance proceedings
104 Conversion of foreign currency—overseas maintenance order, agreement or liability
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Subdivision B—Confirmation of an overseas maintenance order made in a reciprocating jurisdiction
105 Provisional overseas maintenance orders made in a reciprocating jurisdiction
106 Determination of Secretary’s application
107 Effect of order confirming provisional overseas maintenance order
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Subdivision C—Confirmation of provisional variation etc. of Australian maintenance order
108 Confirmation of provisional variation etc. of Australian maintenance order
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Subdivision D—Order in response to a United States petition seeking a support order
109 United States petition seeking a support order
110 Determination of Secretary’s application
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Subdivision E—Australian provisional maintenance order against person in reciprocating jurisdiction
111 Provisional maintenance order against person in reciprocating jurisdiction
112 Provisional maintenance order must be confirmed by a court in the reciprocating jurisdiction
113 Taking of further evidence
114 Effect of confirmation of provisional order against person in reciprocating jurisdiction
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Subdivision F—Enforcement of an overseas maintenance liability
115 Proceedings for enforcement of overseas maintenance liabilities
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Subdivision G—Cancellation
116 Cancellation of Australian maintenance order in reciprocating jurisdiction
117 Cancellation of overseas maintenance order
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Subdivision H—Variation etc. of certain overseas maintenance orders, agreements and liabilities
118 Purpose of this Subdivision
119 Party in Australia may apply to vary etc. overseas maintenance order, agreement or liability
120 Determination of application made in absence of party
121 Status of variation etc. order
122 Provisional variation etc. order must be confirmed by court in reciprocating jurisdiction
123 Taking of further evidence
124 Effect of confirmation of provisional order against person in reciprocating jurisdiction
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Division 5—Convention on the Recovery Abroad of Maintenance
125 Purposes of this Division
126 Meaning of Recovery Convention, Recovery Convention country and of certain other terms used in this Division
127 Immunity of Secretary from orders to pay costs
128 Applications by persons in Recovery Convention countries for recovery of maintenance under Commonwealth, State or Territory law
129 Proceedings on behalf of persons in Recovery Convention countries for recovery of maintenance
130 Return of applications
131 Certain requests to be made only with leave of court
132 Taking of evidence at request of appropriate authority in Recovery Convention countries
133 Obtaining evidence in Recovery Convention countries for purposes of proceedings under this Division
134 Admissibility of evidence given in Recovery Convention countries
135 Orders of court in Recovery Convention countries
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Part 11—Sanctions for failure to comply with orders, and other obligations, that do not affect children
136 Prescribed maximum period—sentence or order
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Part 12—Declarations and injunctions
137 Operation of State and Territory laws—prescribed laws
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Part 13—Restriction on communication of accounts and lists of proceedings
138 When a communication is not a communication to the public—prescribed authorities of States or Territories that have responsibilities relating to the welfare of children
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Part 14—Miscellaneous
139 Priority of attachment orders
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Part 15—Application, saving and transitional provisions
140 Transition from the Family Law Regulations 1984
141 Things done under the Family Law Regulations 1984
142 Conduct, event or circumstance occurring before commencement of this instrument
143 Directions and relief relating to non compliance
144 Saving of certain provisions of the Family Law Regulations 1984
145 Arbitration matters
146 Cancellation of registration of overseas maintenance agreement registered before 1 July 2000
147 Continuation of appointment of family consultants
148 Continuation of list of accredited laboratories and nominated reporters
149 Parentage testing procedures
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Schedule 1—Countries, or parts of countries, declared to be prescribed overseas jurisdictions for certain purposes
1 Prescribed overseas jurisdictions
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Schedule 2—Reciprocating jurisdictions etc.
1 Reciprocating jurisdictions etc.
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Schedule 3—Forms
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Part 1—International Conventions
Form 1—Request for service abroad of judicial documents and certificate
Form 2—Summary of the document to be served
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Part 2—Parentage evidence
Form 3—Parentage testing procedure Affidavit by/in relation to donor
Form 4—Parentage testing procedure Collection of bodily samples
Form 5—Parentage testing procedure report
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Part 3—Arbitration
Form 6—Application for arbitration
Form 7—Application relating to relevant property or financial arbitration
Form 8—Application to register arbitration award
Form 9—Application to register decree affecting registered arbitration award
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Schedule 4—Jurisdictions and Recovery Convention countries
1 Jurisdictions
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Schedule 4A—Jurisdictions and Convention countries
1 Jurisdictions