Family Law Act 1975
No. 53, 1975 as amended
Compilation start date: 1 July 2013 Includes amendments up to: Act No. 13, 2013 [email protected]
Family Law Act 1975
No. 53, 1975 as amended Compilation start date: 1 July 2013 Includes amendments up to: Act No. 13, 2013 About this compilationThe compiled Act This is a compilation of the Family Law Act 1975 as amended and in force on 1 July 2013. It includes any amendment affecting the compiled Act to that date.
This compilation was prepared on 2 July 2013 The notes at the end of this compilation (the endnotes) include information about amending Acts and instruments and the amendment history of each amended provision.
Uncommenced provisions and amendments If a provision of the compiled Act is affected by an uncommenced amendment, the text of the uncommenced amendment is set out in the endnotes.
Application, saving and transitional provisions for amendments If the operation of an amendment is affected by an application, saving or transitional provision, the provision is identified in the endnotes.
Modifications If a provision of the compiled Act is affected by a textual modification that is in force, the text of the modifying provision is set out in the endnotes.
Provisions ceasing to have effect If a provision of the compiled Act has expired or otherwise ceased to have effect in accordance with a provision of the Act, details of the provision are set out in the endnotes.
An Act relating to Marriage and to Divorce and Matrimonial Causes and, in relation thereto and otherwise, Parental Responsibility for Children, and to financial matters arising out of the breakdown of de facto relationships and to certain other Matters
Part I — Preliminary
1 Short title This Act may be cited as the Family Law Act 1975.
2 Commencement This Act shall come into operation on a date to be fixed by Proclamation.
3 Repeal and saving (1) The Matrimonial Causes Act 1959, the Matrimonial Causes Act 1965 and the Matrimonial Causes Act 1966 are repealed.
(2) Notwithstanding the repeal effected by subsection (1): (a) the validity of a decree made before the commencement of the Matrimonial Causes Act 1959 by virtue of the Imperial Act entitled the Matrimonial Causes (War Marriages) Act, 1944 or Part I of the Matrimonial Causes (War Marriages) Act 1947 of New Zealand and in force immediately before the commencement of this Act shall continue to be recognized in all courts in Australia; (b) a decree of the Supreme Court of a State or Territory made before the commencement of the Matrimonial Causes Act 1959 in the exercise of jurisdiction invested or conferred by the Matrimonial Causes Act 1945, or that Act as amended by the Matrimonial Causes Act 1955, and in force immediately before the commencement of this Act shall continue to have effect throughout Australia; and (c) a decree of the Supreme Court, or of a court of summary jurisdiction, of a State or Territory: (i) made before the commencement of this Act in the exercise of jurisdiction invested or conferred by the repealed Act, or in a matrimonial cause or proceedings for a separation order instituted under the law of that State or Territory, being a decree that was in force immediately before the commencement of this Act; or (ii) made after the commencement of this Act in proceedings to which subsection 9(1) applied; shall have, or continue to have, effect throughout Australia, and, except in the case of: (iii) a decree of nullity of marriage made on the ground that the marriage was voidable; (iv) a decree of judicial separation; (v) a decree of restitution of conjugal rights; (vi) a decree of jactitation of marriage; or (vii) a separation order; this Act applies to and in relation to the decree as if the decree had been made under this Act.
(3) For the purposes of paragraph (2)(c), a purported decree to which section 5 of the Matrimonial Causes Act 1971 applied made in a State shall be deemed to be a decree of the Supreme Court of that State made in the exercise of jurisdiction invested by the repealed Act.
4 Interpretation (1) In this Act, the standard Rules of Court and the related Federal Circuit Court Rules, unless the contrary intention appears: Aboriginal child means a child who is a descendant of the Aboriginal people of Australia.
Aboriginal or Torres Strait Islander culture in relation to a child: (a) means the culture of the Aboriginal or Torres Strait Islander community or communities to which the child belongs; and (b) includes Aboriginal or Torres Strait Islander lifestyle and traditions of that community or communities. abuse, in relation to a child, means: (a) an assault, including a sexual assault, of the child; or (b) a person (the first person) involving the child in a sexual activity with the first person or another person in which the child is used, directly or indirectly, as a sexual object by the first person or the other person, and where there is unequal power in the relationship between the child and the first person; or (c) causing the child to suffer serious psychological harm, including (but not limited to) when that harm is caused by the child being subjected to, or exposed to, family violence; or (d) serious neglect of the child.
Accreditation Rules means regulations made under section 10A. adopted, in relation to a child, means adopted under the law of any place (whether in or out of Australia) relating to the adoption of children. alleged contravention, in Subdivision D of Division 6 of Part VII, means the alleged contravention because of which the alleged offender is arrested. alleged offender, in Subdivision D of Division 6 of Part VII, means the person who is arrested. appeal includes an application for a re‑hearing.
Appeal Division means the Appeal Division of the Family Court. applicable Rules of Court: (a) in relation to the Federal Circuit Court of Australia — means the related Federal Circuit Court Rules; and (b) in relation to any other court — means the standard Rules of Court. applicant includes a cross‑applicant and, in relation to proceedings for dissolution of marriage instituted before the commencement of this Act, includes a petitioner or cross‑petitioner. applied provisions, when used in Division 13A of Part VII in relation to a community service order made under paragraph 70NFB(2)(a), means the provisions of the laws of a State or Territory (as modified by regulations made under subsection 70NFC(4)), that, because of regulations made under that subsection, apply in relation to the order. appropriate authority, when used in Part VII in relation to a Commonwealth instrumentality, means a person: (a) who in, or in relation to, the instrumentality: (i) is an SES employee or acting SES employee; or (ii) holds an office or position that is at a level equivalent to that of an SES employee; or (b) who is authorised in writing by the principal officer of the instrumentality to provide information under Commonwealth information orders. appropriate officer, when used in Division 5 of Part III in relation to the Family Court, means: (a) the Chief Executive Officer; or (b) any other officer of the Family Court specified in writing by the Chief Executive Officer for the purposes of this definition. arbitration has the meaning given by section 10L. arbitrator has the meaning given by section 10M. arresting person means the person who arrests the alleged offender. artificial conception procedure includes: (a) artificial insemination; and (b) the implantation of an embryo in the body of a woman. audio link means facilities (for example, telephone facilities) that enable audio communication between persons in different places.
Australia includes Norfolk Island. bankruptcy trustee, in relation to a bankrupt, means the trustee of the bankrupt’s estate. birth includes stillbirth. breakdown: (a) in relation to a marriage, does not include a breakdown of the marriage by reason of death; and (b) in relation to a de facto relationship, does not include a breakdown of the relationship by reason of death. captain,