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FAMILY LAW ACT 1975


TABLE OF PROVISIONS

           Long Title

   PART I-PRELIMINARY

   1.      Short title.  
   2.      Commencement.  
   3.      Repeal and saving.  
   4.      Interpretation.  
   5.      Certain children deemed to be children of a marriage.  
   6.      Polygamous marriages.  
   7.      Extension of Act to Norfolk Island.  
   8.      Supersession of existing laws.  
   9.      Transitional.  
   10.     Child welfare law not affected.  

   PART II-MARRIAGE COUNSELLING ORGANIZATIONS

   11.     Grants to approved marriage counselling organizations.  
   12.     Approval of marriage counselling organizations.  
   13.     Reports and financial statements of approved marriage counselling organizations.  

   PART III-COUNSELLING AND RECONCILIATION

   14.     Conciliation.  
   15.     Notice seeking counselling.  
   16.     Advice as to counselling.  
   17.     Provision of certain documents.  
   18.     Admissions made to marriage counsellors, &c.  
   19.     Oath or affirmation of secrecy.  

   PART IV-THE FAMILY COURT OF AUSTRALIA

   20.     Interpretation.  
   21.     Creation of Court.  
   22.     Appointment, removal and resignation of Judges.  
   23.     Seniority.  
   24.     Absence or illness of Chief Judge.  
   25.     Salary and allowances.  
   26.     Oath or affirmation of allegiance and of office.  
   27.     Place of sitting.  
   28.     Exercise of jurisdiction.  
   29.     Appellate jurisdiction.  
   30.     Court divided in opinion.  
   31.     Jurisdiction of Family Court.  
   32.     Certain powers under Marriage Act.  
   33.     Jurisdiction in associated matters.  
   34.     Issue of certain writs, &c.  
   35.     Contempt of court.  
   36.     Registries.  
   37.     Officers of Court.  
   38.     Practice and procedure.  

   PART V-JURISDICTION IN MATRIMONIAL CAUSES

   39.     Jurisdiction in matrimonial causes.  
   40.     Jurisdiction of Family Court.  
   41.     Establishment of State Family Courts.  
   42.     Law to be applied.  
   43.     Principles to be applied by courts.  
   44.     Institution of proceedings.  
   45.     Staying and transfer of proceedings.  
   46.     Transfer of proceedings from court of summary jurisdiction in certain cases.  
   47.     Courts to act in aid of each other.  

   PART VI-DISSOLUTION AND NULLITY OF MARRIAGE

   48.     Dissolution of marriage.  
   49.     Meaning of separation.  
   50.     Effect of resumption of cohabitation.  
   51.     Nullity of marriage.  
   52.     Court not to make decree of dissolution where application for decree of nullity before it.  
   53.     Circumstances occurring before commencement of Act or outside Australia.  
   54.     Decree nisi in first instance.  
   55.     When decree becomes absolute.  
   56.     Certificate as to decree absolute.  
   57.     Rescission of decree nisi where parties reconciled.  
   58.     Rescission of decree nisi on ground of miscarriage of justice.  
   59.     Re-marriage.  

   PART VII-WELFARE AND CUSTODY OF CHILDREN

   60.     Definitions.  
   61.     Rights of guardianship and custody of children.  
   62.     Conferences with, and reports by, welfare officers.  
   63.     Decree absolute where children.  
   64.     Powers of court in custodial proceedings.  
   65.     Separate representation of child.  
   66.     Where applicant in contempt.  
   67.     Registration inter-State of orders for custody of ex-nuptial children.  
   68.     Overseas custody orders.  
   69.     Transmission of Australian custody orders to overseas country.  
   70.     Interfering with child subject to custody order.  

   PART VIII-MAINTENANCE AND PROPERTY

   71.     Definition.  
   72.     Right of spouse to maintenance.  
   73.     Maintenance of children.  
   74.     Powers of court in maintenance proceedings.  
   75.     Matters to be taken into consideration in proceedings with respect to maintenance.  
   76.     Maintenance of children.  
   77.     Urgent maintenance cases.  
   78.     Declaration of interests in property.  
   79.     Alteration of property interests.  
   80.     General powers of court.  
   81.     Duty of court to end financial relations.  
   82.     Cessation of orders.  
   83.     Modification of maintenance orders.  
   84.     Execution of instruments by order of court.  
   85.     Transactions to defeat claims.  
   86.     Registration of maintenance agreements.  
   87.     Approval of maintenance agreements entered into in substitution for rights under Act.  
   88.     Enforcement of maintenance agreements.  
   89.     Overseas maintenance agreements.  
   90.     Instruments not liable to duty.  

   PART IX-INTERVENTION

   91.     Intervention by Attorney-General.  
   92.     Intervention by other persons.  

   PART X-APPEALS

   93.     No appeal after decree absolute.  
   94.     Appeals from courts exercising original jurisdiction.  
   95.     Appeals to High Court.  
   96.     Appeals from courts of summary jurisdiction.  

   PART XI-PROCEDURE AND EVIDENCE

   97.     Procedure.  
   98.     Evidence by affidavit.  
   99.     Evidence as to paternity.  
   100.    Evidence of husbands and wives

   PART XII-RECOGNITION OF DECREES

   101.    Offensive or scandalous questions
   102.    Proof of birth, death or marriage
   103.    Decrees under this Act
   104.    Overseas decrees
   105.    Enforcement generally.  
   106.    Methods of enforcement.  
   107.    Persons in prison at commencement of Act.  
   108.    Contempt.  
   109.    Inter-State enforcement of affiliation and like orders.  
   110.    Overseas enforcement of maintenance orders.  
   111.    Convention on Recovery Abroad of Maintenance.  
   112.    Arrangements with States.  
   113.    Proceedings for declarations.  
   114.    Injunctions.  
   115.    Family Law Council.  
   116.    Institute of Family Studies.  
   117.    Costs.  
   118.    Frivolous or vexatious proceedings.  
   119.    Married persons may sue each other.  
   120.    Criminial conversation, adultery and enticement.  
   121.    Restriction on publication of evidence.  
   122.    Rights of legal practitioners.  
   123.    Regulations.  


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