Commonwealth Consolidated Regulations

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FAMILY LAW RULES 2004 - RULE 21.01

Application of Part 21.1

                   This Part applies to an application for an order:

                     (a)  to enforce a parenting order;

                     (b)  under Division 13A of Part VII or Part XIIIA of the Act; or

                     (d)  that another person be punished for contempt of court.

Note 1:       Subsection 69C(2) of the Act specifies who may apply for an order in relation to a child. Division 13A of Part VII of the Act sets out the consequences of failing to comply with an order or other obligation that affects children. Part XIIIA of the Act sets out the sanctions the court may impose on a person who fails to comply with an order or other obligation that does not affect children. Part XIIIB of the Act sets out the punishment the court may impose on a person found to be in contempt of court.

Note 2:       If a maintenance order is complied with before an Application for Contempt is heard by the court, the failure to comply with the order that led to the Application for Contempt being filed does not constitute a contempt of court (see subsection 112AP(1A) of the Act).

Note 3:       The court:

(a)    must not impose a sentence of imprisonment:

(i)     for non-compliance with a maintenance order unless it is satisfied that the contravention was intentional or fraudulent (see subsections 70NFB(4) and 112AD(2A) of the Act); or

(ii)    if it considers that another consequence is more appropriate (see subsections 70NFG(2)and 112AE(2) of the Act); and

(b)    cannot enforce an order of another court unless the order is registered in the first-mentioned court (see section 105 of the Act and regulation 17 of the Regulations).



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