Family Law Regulations 2024 (Cth)

Family Law Regulations 2024

I, the Honourable Sam Mostyn AC, Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulations.

Dated 5 December 2024

Sam Mostyn AC Governor‑General

By Her Excellency's Command

Mark Dreyfus KC Attorney‑General

Contents Part 1—Introduction Division 1—Preliminary 1 Name 2 Commencement 3 Authority Division 2—Definitions 4 Definitions 5 Meaning of child welfare law—prescribed State or Territory laws 6 Meaning of child welfare officer—prescribed State or Territory offices 7 Meaning of family violence order—prescribed State or Territory laws 8 Meaning of forfeiture order—declared State and Territory orders 9 Meaning of income tested pension, allowance or benefit—prescribed pensions, allowances or benefits 10 Meaning of prescribed overseas jurisdiction 11 Meaning of restraining order—declared State and Territory orders 12 Definition of State or Territory proceeds of crime law—declared State or Territory corresponding laws 13 Meaning of de facto relationship—prescribed laws and relationships 14 Definition of proceeds of crime authority Division 3—Directions and orders 15 Directions as to practice and procedure 16 Non‑compliance with this instrument 17 Court or relevant Registrar may relieve from consequences of non‑compliance Part 2—Protection of names and symbols 18 Protected names 19 Protected symbols Part 3—Arbitration 20 Purposes of this Part 21 Prescribed requirements for arbitrator 22 Meaning of arbitration agreement 23 Disputes, proceedings or matters that may not be arbitrated 24 Application for referral to arbitration 25 Application relating to relevant property or financial arbitration 26 Action arbitrator must take before arbitrating a dispute, proceeding or matter 27 Arbitration agreement 28 Costs of arbitration 29 Duties of arbitrator 30 Oath or affirmation by arbitrator 31 Suspension of arbitration—failure to comply with direction 32 Termination of arbitration—inability to take part 33 Appearance in arbitration 34 Attendance of persons to give evidence 35 Application of rules of evidence 36 Making an award 37 Registration of award 38 Enforcement of registered award 39 Registration of decree affecting registered award Part 4—Family consultants 40 Appointment of family consultants Part 5—Obligations to inform people about non‑court based family services and about court's processes and services 41 Prescribed information about non‑court based family services and court's processes and services 42 Prescribed information about reconciliation 43 Prescribed information about Part VII proceedings Part 6—Jurisdiction of Courts 44 Certain jurisdiction of Federal Circuit and Family Court of Australia (Division 2) must not be exercised in States and Territories 45 Proceedings for divorce order not to be instituted in a court of summary jurisdiction other than a prescribed court 46 Jurisdiction of courts Part 7—Children Division 1—Interpretation—how the family law applies to certain children 47 Artificial conception procedures: child of woman and other intended parent—prescribed laws 48 Artificial conception procedures: child of woman—prescribed laws 49 Children born under surrogacy arrangements—prescribed laws Division 2—Family dispute resolution 50 Other circumstances in which court is not prevented from hearing an application for Part VII order Division 3—Obligations under parenting orders relating to taking or sending children from Australia 51 Authentication of consent in writing Division 4—Location and recovery of children 52 Commonwealth information orders—prescribed Departments and Commonwealth instrumentalities Division 5—Orders for information etc. in child‑related proceedings 53 Information sharing agencies 54 Information sharing safeguards Division 6—Family violence 55 Registration of court decision Division 7—Parentage evidence Subdivision A—General 56 Purposes of this Division 57 Application of this Division 58 Meaning of certain terms relating to parentage testing procedures 59 Parentage testing procedures Subdivision B—Collection, storage and testing of samples 60 Samplers 61 Provision of information by donor—Form 3 62 Collection of blood samples 63 Collection of other bodily samples 64 Container to be sealed and labelled 65 Statement by sampler—Form 4 66 Packing and storage requirements 67 Testing of bodily samples Subdivision C—Reports 68 Reports—Form 5 Subdivision D—Miscellaneous 69 Notification of accredited laboratories and nominated reporters Division 8—Principles for conducting child‑related proceedings: matters relating to evidence 70 Evidence relating to professional confidential relationship privilege—specified laws Division 9—State, Territory and overseas orders Subdivision A—Registration of State and Territory orders 71 State child orders for and in relation to which applicable Rules of Court may make provision—prescribed States Subdivision B—Registration of overseas orders 72 Registration of overseas child orders Subdivision C—Transmission of Australian orders to overseas jurisdictions 73 Transmission of orders to overseas jurisdiction Part 8—Orders and injunctions binding third parties 74 Third party expenses Part 9—Registration and enforcement of decrees 75 Registration of decrees 76 Inter‑State enforcement of child bearing expenses order Part 10—International conventions, international agreements and international enforcement Division 1—General 77 Extension of provisions of the Act Division 2—Service under the Hague Service Convention Subdivision A—Preliminary 78 Purposes of this Division 79 Meaning of Convention country and of certain other terms used in this Division 80 Provisions of this Division to prevail Subdivision B—Service abroad of local judicial documents 81 Application of this Subdivision 82 Application for request for service abroad 83 How application is to be dealt with 84 Procedure on receipt of Convention certificate of service 85 Payment of costs 86 Evidence of service Subdivision C—Default judgment following service abroad of initiating process 87 Application of this Subdivision 88 Restriction on power to enter default judgment if Convention certificate of service is filed 89 Restriction on power to enter default judgment if Convention certificate of service is not filed 90 Setting aside judgment in default of appearance Division 3—Service in countries that are parties to conventions other than the Hague Service Convention 91 Purposes of this Division 92 Application of this Division 93 Meaning of Cooperation Convention and Cooperation Convention country 94 Service in accordance with Cooperation Convention 95 Application for request for service abroad 96 How application is to be dealt with 97 Procedure on receipt of certificate of service 98 Payment of costs 99 Evidence of service Division 4—Overseas maintenance orders Subdivision A—General 100 Purposes of this Division 101 Meaning of maintenance order—prescribed orders 102 Reciprocating jurisdictions 103 Institution of spousal maintenance proceedings 104 Conversion of foreign currency—overseas maintenance order, agreement or liability Subdivision B—Confirmation of an overseas maintenance order made in a reciprocating jurisdiction 105 Provisional overseas maintenance orders made in a reciprocating jurisdiction 106 Determination of Secretary's application 107 Effect of order confirming provisional overseas maintenance order Subdivision C—Confirmation of provisional variation etc. of Australian maintenance order 108 Confirmation of provisional variation etc. of Australian maintenance order Subdivision D—Order in response to a United States petition seeking a support order 109 United States petition seeking a support order 110 Determination of Secretary's application Subdivision E—Australian provisional maintenance order against person in reciprocating jurisdiction 111 Provisional maintenance order against person in reciprocating jurisdiction 112 Provisional maintenance order must be confirmed by a court in the reciprocating jurisdiction 113 Taking of further evidence 114 Effect of confirmation of provisional order against person in reciprocating jurisdiction Subdivision F—Enforcement of an overseas maintenance liability 115 Proceedings for enforcement of overseas maintenance liabilities Subdivision G—Cancellation 116 Cancellation of Australian maintenance order in reciprocating jurisdiction 117 Cancellation of overseas maintenance order Subdivision H—Variation etc. of certain overseas maintenance orders, agreements and liabilities 118 Purpose of this Subdivision 119 Party in Australia may apply to vary etc. overseas maintenance order, agreement or liability 120 Determination of application made in absence of party 121 Status of variation etc. order 122 Provisional variation etc. order must be confirmed by court in reciprocating jurisdiction 123 Taking of further evidence 124 Effect of confirmation of provisional order against person in reciprocating jurisdiction Division 5—Convention on the Recovery Abroad of Maintenance 125 Purposes of this Division 126 Meaning of Recovery Convention, Recovery Convention country and of certain other terms used in this Division 127 Immunity of Secretary from orders to pay costs 128 Applications by persons in Recovery Convention countries for recovery of maintenance under Commonwealth, State or Territory law 129 Proceedings on behalf of persons in Recovery Convention countries for recovery of maintenance 130 Return of applications 131 Certain requests to be made only with leave of court 132 Taking of evidence at request of appropriate authority in Recovery Convention countries 133 Obtaining evidence in Recovery Convention countries for purposes of proceedings under this Division 134 Admissibility of evidence given in Recovery Convention countries 135 Orders of court in Recovery Convention countries Part 11—Sanctions for failure to comply with orders, and other obligations, that do not affect children 136 Prescribed maximum period—sentence or order Part 12—Declarations and injunctions 137 Operation of State and Territory laws—prescribed laws Part 13—Restriction on communication of accounts and lists of proceedings 138 When a communication is not a communication to the public—prescribed authorities of States or Territories that have responsibilities relating to the welfare of children Part 14—Miscellaneous 139 Priority of attachment orders Part 15—Application, saving and transitional provisions 140 Transition from the Family Law Regulations 1984 141 Things done under the Family Law Regulations 1984 142 Conduct, event or circumstance occurring before commencement of this instrument 143 Directions and relief relating to non‑compliance 144 Saving of certain provisions of the Family Law Regulations 1984 145 Arbitration matters 146 Cancellation of registration of overseas maintenance agreement registered before 1 July 2000 147 Continuation of appointment of family consultants 148 Continuation of list of accredited laboratories and nominated reporters 149 Parentage testing procedures Schedule 1—Countries, or parts of countries, declared to be prescribed overseas jurisdictions for certain purposes 1 Prescribed overseas jurisdictions Schedule 2—Reciprocating jurisdictions etc. 1 Reciprocating jurisdictions etc. Schedule 3—Forms Part 1—International Conventions Form 1—Request for service abroad of judicial documents and certificate Form 2—Summary of the document to be served Part 2—Parentage evidence Form 3—Parentage testing procedure Affidavit by/in relation to donor Form 4—Parentage testing procedure Collection of bodily samples Form 5—Parentage testing procedure report Part 3—Arbitration Form 6—Application for arbitration Form 7—Application relating to relevant property or financial arbitration Form 8—Application to register arbitration award Form 9—Application to register decree affecting registered arbitration award Schedule 4—Jurisdictions and Recovery Convention countries 1 Jurisdictions Schedule 4A—Jurisdictions and Convention countries 1 Jurisdictions