Commonwealth Consolidated Acts

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FAMILY LAW ACT 1975 - SECT 105

Enforcement generally

             (1)  Subject to this Part, to the regulations and to the applicable Rules of Court, all decrees made under this Act may be enforced by any court having jurisdiction under this Act.

Note:          For example, the Federal Circuit Court of Australia can enforce decrees made by the Family Court of Australia.

             (2)  Except as prescribed, a court shall not entertain a proceeding under this Act for the enforcement of a decree made by another court unless the decree is registered in the first-mentioned court in accordance with the regulations.

          (2A)  Subsection (2) does not prevent a court from making an order under paragraph 90KA(c) or 90UN(c).

             (3)  Where a person bound by a decree made under this Act has died, the decree may, by leave of:

                     (a)  the court by which it was made; or

                     (b)  any court in which the decree has been registered in accordance with the regulations (whether the decree was registered before or after the death of the person);

and on such terms and conditions as the court considers appropriate, be enforced, in respect of liabilities that arose under the decree before the death of that person, against the estate of that person.



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