Commonwealth Consolidated Regulations

FAMILY LAW REGULATIONS 1984

- made under the Family Law Act 1975

TABLE OF PROVISIONS

   PART I--PRELIMINARY

   1.      Name of regulations  
   2.       Authority  
   3.      Definitions  

   PART II--GENERAL

   4.      Directions as to practice and procedure  
   5.      Non - compliance with Regulations  
   6.       Court or relevant Registrar may relieve from consequences of non - compliance  
   7.      Appointment of family consultants  
   8.      Prescribed information about non - court based family services and court's processes and services (Act s 12B)  
   8A.     Prescribed information about reconciliation (Act s 12C)  
   8B.     Prescribed information about Part VII proceedings (Act s 12D)  
   10A.    Proceedings for divorce order not to be instituted in a court of summary jurisdiction other than a prescribed court (Act s 44A)  
   12A.    Prescribed pensions, allowances or benefits--subsection 4(1) of the Act  
   12B.    Child welfare law--prescribed law of a State or Territory  
   12BA.   Child welfare officer--prescribed office of a State or Territory  
   12BB.   Family violence order--prescribed laws of State or Territory  
   12BC.   De facto relationships--prescribed laws and relationships  
   12C.    Artificial conception procedures: child of woman and other intended parent--prescribed laws  
   12CA.   Artificial conception procedures: child of woman--prescribed laws  
   12CAA.  Children born under surrogacy arrangements--prescribed laws  
   12CAB.  Other circumstances in which court may hear application for Part VII order (Act s 60I(9)(f))  
   12CB.   Commonwealth information orders--prescribed Departments and Commonwealth instrumentalities  
   12CC.   Registration of court decision (Act s 68R(6))  
   12CD.   Evidence relating to child abuse or family violence--prescribed State or Territory agencies (Act s 69ZW(1))  
   12CE.   Evidence relating to professional confidential relationship privilege--prescribed laws  
   12D.    Registration of State child orders--prescribed States  
   13.     Authentication of consent in writing  
   14.     Meaning of prescribed overseas jurisdiction  
   14A.    Prescribed maximum period--sentence or order (Act s 70NFC(6), 112AG(6))  
   15.     Institution etc of proceedings by persons holding certain offices  
   15AA.   Third party expenses (Act s 90AJ)  
   15AB.   De facto relationships--prescribed laws  
   17.     Registration of decrees  
   17A.    Declaration--definition of forfeiture order  
   17B.    Declaration--definition of restraining order  
   17C.    Definition of State or Territory proceeds of crime law  
   17D.    Definition of proceeds of crime authority  
   18.     Interstate enforcement of affiliation and similar orders  
   19.     Operation of State and Territory laws--prescribed laws (Act s 114AB)  
   19A.    Exceptions to restriction on publishing Court proceedings--States and Territories authorities that have responsibilities relating to the welfare of children  
   20.     Priority of attachment orders  
   21.     Conversion of currency  

   PART IIAAA--PROTECTED--NAMES AND SYMBOLS

   21AAA.  Protected names (Act s 9A)  
   21AAB.  Protected symbols (Act s 9A)  

   PART IIAB--SERVICE--UNDER THE HAGUE SERVICE CONVENTION

           Division 1--Preliminary

   21AC.   Definitions for Part IIAB  
   21AD.   Provisions of this Part to prevail  

           Division 2--Service abroad of local judicial documents

   21AE.   Application of Division  
   21AF.   Application for request for service abroad  
   21AG.   How application to be dealt with  
   21AH.   Procedure on receipt of certificate of service  
   21AI.   Payment of costs  
   21AJ.   Evidence of service  

           Division 3--Default judgment following service abroad of initiating process

   21AK.   Application of Division  
   21AL.   Restriction on power to enter default judgment if certificate of service filed  
   21AM.   Restriction on power to enter default judgment if certificate of service not filed  
   21AN.   Setting aside judgment in default of appearance  

   PART IIAC--SERVICE--IN COUNTRIES THAT ARE PARTIES TO CONVENTIONS OTHER THAN THE HAGUE SERVICE CONVENTION

   21AO.   Application of Part  
   21AP.   Definitions for Part IIAC  
   21AQ.   Service in accordance with convention  
   21AR.   Request for service  
   21AS.   Certificate of service  

   PART IIA--PARENTAGE--TESTING PROCEDURES AND REPORTS

           Division 1--General

   21A.    Application of Part  
   21B.    Interpretation  
   21C.    Parentage testing procedures  
   21D.    Compliance with Regulations  

           Division 2--Collection, storage and testing of samples

   21E.    Samplers  
   21F.    Provision of information by donor--Form 2  
   21G.    Collection of blood samples  
   21H.    Collection of bodily samples for DNA typing  
   21I.    Container to be sealed and labelled  
   21J.    Statement by sampler--Form 4  
   21K.    Packing and storage requirements  
   21L.    Testing of bodily samples  

           Division 3--Reports

   21M.    Reports--Form 5  

           Division 4--Miscellaneous

   21N.    Notification of accredited laboratories and nominated reporters  

   PART III--OVERSEAS--ORDERS

           Division 1--Overseas child orders

   23.     Registration of overseas child orders  
   24.     Transmission of orders to overseas jurisdiction  

           Division 2--Maintenance

   24A.    Definitions for Division 2  
   25.     Reciprocating jurisdictions  
   28.     Dealing with provisional overseas maintenance orders  
   28A.    Hearings about applications about provisional overseas maintenance orders  
   28B.    Making of orders about provisional overseas maintenance orders  
   28C.    Dealing with United States petitions  
   28D.    Hearing of applications based on United States petitions  
   28E.    Effect of orders about United States petitions  
   29.     Power to make provisional order against person in reciprocating jurisdiction  
   29A.    Dealing with provisional order against person in reciprocating jurisdiction  
   29B.    Taking of further evidence  
   29C.    Confirmation of provisional order against person in reciprocating jurisdiction  
   30.     Proceedings for enforcement of overseas maintenance entry liabilities  
   31.     Cancellation of registration in reciprocating jurisdiction  
   32.     Cancellation of registration of overseas maintenance orders  
   34.     Cancellation of registration of overseas maintenance agreements  
   36.     Party in Australia may apply to vary etc overseas maintenance order, agreement or liability  
   37.     Discharge etc of overseas maintenance order or liability made in absence of party  
   38.     Variation etc orders--status  
   38A.    Making and effect of provisional variation etc orders  
   38B.    Taking of further evidence  
   39.     Confirmation of variations made provisionally in reciprocating jurisdiction  

   PART IIIB--PARENTAGE

   39B.    Extension of provisions of Act  
   39BA.   Jurisdictions  

   PART IIIC--JURISDICTION--OF COURTS AND RELATED MATTERS

   39BB.   Certain jurisdiction of Federal Circuit and Family Court of Australia (Division 2) must not be exercised in States and Territories  
   39C.    Jurisdiction of courts  
   39D.    Convention countries  

   PART IV--CONVENTION--ON RECOVERY ABROAD OF MAINTENANCE

   40.     Interpretation of Part IV  
   45.     Immunity of Secretary from orders to pay costs  
   48.     Convention countries  
   50.     Applications by persons in convention countries for recovery of maintenance under Commonwealth, State or Territory law  
   50A.    Proceedings on behalf of persons in convention countries for recovery of maintenance  
   50B.    Return of applications  
   51.     Certain requests to be made only with leave of court  
   53.     Taking of evidence at request of appropriate authority in convention countries  
   54.     Obtaining evidence in convention countries for purposes of proceedings under this Part  
   55.     Admissibility of evidence given in convention countries  
   56.     Orders of court in convention countries  

   PART V--ARBITRATION

   67A.    Definitions for Part V  
   67B.    Prescribed requirements for arbitrator (Act s 10M)  
   67C.    Matters that may not be arbitrated  
   67D.    Application for referral to arbitration (Act s 13E)  
   67E.    Application relating to relevant property or financial arbitration (Act s 13F)  
   67F.    Arbitration agreement  
   67G.    Notice of arbitration  
   67H.    Costs of arbitration  
   67I.    Duties of arbitrator  
   67J.    Oath or affirmation by arbitrator  
   67K.    Suspension of arbitration--failure to comply with direction  
   67L.    Termination of arbitration--lack of capacity  
   67M.    Appearance in arbitration  
   67N.    Attendance of persons to give evidence  
   67O.    Application of rules of evidence  
   67P.    Making an award  
   67Q.    Registration of award (Act s 13H)  
   67R.    Notice of registration of award  
   67S.    Enforcement of registered awards  
   67T.    Registration of decree affecting registered award  

   PART VI--REPEAL--AND SAVINGS

   80.     Savings in relation to the former Regulations  
   81.      Transitional matters in connection with Family Law Amendment Regulations 2000 (No. 2)  
   83.     Transitional matters relating to Family Law Amendment Regulation 2012 (No. 4)  
           SCHEDULE 1
           SCHEDULE 1A Countries or parts of countries, declared to be prescribed overseas jurisdictions for certain purposes
           SCHEDULE 2 Reciprocating jurisdictions
           SCHEDULE 3 Convention on the recovery abroad of maintenance
           SCHEDULE 4 Convention countries
           SCHEDULE 4A Jurisdictions and convention countries
           SCHEDULE 5 Prescribed laws--definition of child welfare law in subsection 4(1) of the Act
           SCHEDULE 8 Family violence order--prescribed laws of State or Territory
           SCHEDULE 9 Evidence relating to child abuse or family violence--prescribed State or Territory agencies
           SCHEDULE 9A Professional confidential relationship privilege--prescribed laws
           SCHEDULE 10 Protected Names
           SCHEDULE 11 Protected Symbols