(a) an assistance animal within the meaning of the Disability Discrimination Act 1992; or

an animal kept as part of a business; or

an animal kept for agricultural purposes; or

an animal kept for use in laboratory tests or experiments.

economic or financial abuse; or

unreasonably denying the family member the financial autonomy that the family member would otherwise have had, such as by:

forcibly controlling the family member’s money or assets, including superannuation; or

sabotaging the family member’s employment or income or potential employment or income; or

forcing the family member to take on a financial or legal liability, or status; or

forcibly or without the family member’s knowledge, accumulating debt in the family member’s name;

unreasonably withholding financial support needed to meet the reasonable living expenses of the family member, or the family member’s child (including at a time when the family member is entirely or predominantly dependent on the person for financial support);

coercing a family member (including by use of threats, physical abuse or emotional or psychological abuse):

to give or seek money, assets or other items as dowry; or

to do or agree to things in connection with a practice of dowry;

hiding or falsely denying things done or agreed to by the family member, including hiding or falsely denying the receipt of money, assets or other items, in connection with a practice of dowry.

the effect of any family violence to which one party has subjected or exposed the other party, including on any of the matters mentioned elsewhere in this subsection; and

the extent to which either party has the care of a child of the marriage who has not attained the age of 18 years, including the need of either party to provide appropriate housing for such a child; and

is to identify:

the existing legal and equitable rights and interests in any property of the parties to the marriage or either of them; and

the existing liabilities of the parties to the marriage or either of them; and

is to take into account (except for the purpose of making an order with respect to the ownership of property that is a companion animal):

the considerations set out in subsection (4) (considerations relating to contributions); and

the considerations set out in subsection (5) (considerations relating to current and future circumstances).

the effect of any family violence, to which one party to the marriage has subjected or exposed the other party, on the ability of a party to the marriage to make the kind of contributions referred to in paragraphs (a), (b) and (c);

the effect of any family violence, to which one party to the marriage has subjected or exposed the other party, on the current and future circumstances of the other party, including on any of the matters mentioned elsewhere in this subsection;

the age and state of health of each of the parties to the marriage;

the income, property and financial resources of each of the parties to the marriage and the physical and mental capacity of each of them for appropriate gainful employment;

the effect of any material wastage, caused intentionally or recklessly by a party to the marriage, of property or financial resources of either of the parties to the marriage or both of them;

any liabilities incurred by either of the parties to the marriage or both of them, including the nature of the liabilities and the circumstances relating to them;

the extent to which either party to the marriage has the care of a child of the marriage who has not attained the age of 18 years, including the need of either party to provide appropriate housing for such a child;

commitments of each of the parties to the marriage that are necessary to enable the party to support themselves and any child or other person that the party has a duty to maintain;

the responsibilities of either party to the marriage to support any other person;

the eligibility of either party to the marriage for a pension, allowance or benefit under:

any law of the Commonwealth, of a State or Territory or of another country; or

any superannuation fund or scheme, whether the fund or scheme was established, or operates, within or outside Australia;

if either party to the marriage is eligible for a pension, allowance or benefit as mentioned in paragraph (i)—the rate at which it is being paid to the party;

if the parties to the marriage have separated or divorced, a standard of living that in all the circumstances is reasonable;

(l) the extent to which an alteration of the interests of the parties to the marriage in any property would enable a party to undertake education or establish a business or otherwise obtain an adequate income;

the effect of any proposed order on the ability of a creditor of a party to the marriage to recover the creditor’s debt, so far as that effect is relevant;

the extent to which each party to the marriage has contributed to the income, earning capacity, property and financial resources of the other party;

the duration of the marriage and the extent to which it has affected the earning capacity of each party to the marriage;

the need to protect a party to the marriage who wishes to continue that party’s role as a parent;

if either party to the marriage is cohabiting with another person—the financial circumstances relating to the cohabitation;

the terms of any order or declaration made, or proposed to be made, under Part VIIIAB in relation to:

a party to the marriage; or

a person who is a party to a de facto relationship with a party to the marriage; or

the property of a person covered by subparagraph (i) and of a person covered by subparagraph (ii), or of either of them; or

vested bankruptcy property in relation to a person covered by subparagraph (i) or (ii);

(s) any child support under the Child Support (Assessment) Act 1989 that a party to the marriage is to provide, or might be liable to provide in the future, for a child of the marriage;

the terms of any financial agreement that is binding on the parties to the marriage;

the terms of any Part VIIIAB financial agreement that is binding on a party to the marriage;

any other fact or circumstance which, in the opinion of the court, the justice of the case requires to be taken into account.

that only one party to the marriage, or only one person who has been joined as a party to the proceedings, is to have ownership of the companion animal; or

that the companion animal be transferred to another person who has consented to the transfer; or

that the companion animal be sold.

the circumstances in which the companion animal was acquired;

who has ownership or possession of the companion animal;

the extent to which each party cared for, and paid for the maintenance of, the companion animal;

any family violence to which one party has subjected or exposed the other party;

any history of actual or threatened cruelty or abuse by a party towards the companion animal;

any attachment by a party, or a child of the marriage, to the companion animal;

the demonstrated ability of each party to care for and maintain the companion animal in the future, without support or involvement from the other party;

any other fact or circumstance which, in the opinion of the court, the justice of the case requires to be taken into account.

parties to concurrent, pending or completed divorce or validity of marriage proceedings; or

parties to a marriage who have divorced under the law of an overseas country, if that divorce is recognised as valid in Australia under section 104; or

parties to a marriage that has been annulled under the law of an overseas country, if that annulment is recognised as valid in Australia under section 104; or

parties to a marriage who have been granted a legal separation under the law of an overseas country, if that legal separation is recognised as valid in Australia under section 104.

the period of the adjournment has not expired; and

any of the following subparagraphs apply:

one or both of the parties to the marriage institutes divorce or validity of marriage proceedings;

the parties to the marriage have divorced under the law of an overseas country and the divorce is recognised as valid in Australia under section 104;

the marriage is annulled under the law of an overseas country and the annulment is recognised as valid in Australia under section 104;

the parties to the marriage are granted a legal separation under the law of an overseas country and the legal separation is recognised as valid in Australia under section 104.

the effect of any family violence, to which one party has subjected or exposed the other party, including on any of the matters mentioned elsewhere in this subsection; and

the extent to which either party has the care of a child of the subject de facto relationship who has not attained the age of 18 years, including the need of either party to provide appropriate housing for such a child; and

is to identify:

the existing legal and equitable rights and interests in any property of the parties to the de facto relationship or either of them; and

the existing liabilities of the parties to the de facto relationship or either of them; and

is to take into account (except for the purpose of making an order with respect to the ownership of property that is a companion animal):

the considerations set out in subsection (4) (considerations relating to contributions); and

the considerations set out in subsection (5) (considerations relating to current and future circumstances).

the effect of any family violence, to which one party to the de facto relationship has subjected or exposed the other party, on the ability of a party to the de facto relationship to make the kind of contributions referred to in paragraphs (a), (b) and (c);

(a) the effect of any family violence, to which one party to the de facto relationship (the subject de facto relationship) has subjected or exposed the other party, on the current and future circumstances of the other party, including on any of the matters mentioned elsewhere in this subsection;

the age and state of health of each of the parties to the subject de facto relationship;

the income, property and financial resources of each of the parties to the subject de facto relationship and the physical and mental capacity of each of them for appropriate gainful employment;

the effect of any material wastage, caused intentionally or recklessly by a party to the subject de facto relationship, of property or financial resources of either of the parties to the subject de facto relationship or both of them;

any liabilities incurred by either of the parties to the subject de facto relationship or both of them, including the nature of the liabilities and the circumstances relating to them;

the extent to which either party to the subject de facto relationship has the care of a child of the de facto relationship who has not attained the age of 18 years, including the need of either party to provide appropriate housing for such a child;

commitments of each of the parties to the subject de facto relationship that are necessary to enable the party to support themselves and any child or other person that the party has a duty to maintain;

the responsibilities of either party to the subject de facto relationship to support any other person;

the eligibility of either party to the subject de facto relationship for a pension, allowance or benefit under:

any law of the Commonwealth, of a State or Territory or of another country; or

any superannuation fund or scheme, whether the fund or scheme was established, or operates, within or outside Australia;

if either party to the subject de facto relationship is eligible for a pension, allowance or benefit as mentioned in paragraph (i)—the rate at which it is being paid to the party;

a standard of living that in all the circumstances is reasonable;

(l) the extent to which an alteration of the interests of the parties to the subject de facto relationship in any property would enable a party to undertake education or establish a business or otherwise obtain an adequate income;

the effect of any proposed order on the ability of a creditor of a party to the subject de facto relationship to recover the creditor’s debt, so far as that effect is relevant;

the extent to which each party to the subject de facto relationship has contributed to the income, earning capacity, property and financial resources of the other party;

the duration of the subject de facto relationship and the extent to which it has affected the earning capacity of each party to the subject de facto relationship;

the need to protect a party to the de facto relationship who wishes to continue that party’s role as a parent;

if either party to the subject de facto relationship is cohabiting with another person—the financial circumstances relating to the cohabitation;

the terms of any order or declaration made, or proposed to be made, under this Part in relation to:

a party to the subject de facto relationship (in relation to another de facto relationship); or

a person who is a party to another de facto relationship with a party to the subject de facto relationship; or

the property of a person covered by subparagraph (i) and of a person covered by subparagraph (ii), or of either of them; or

vested bankruptcy property in relation to a person covered by subparagraph (i) or (ii);

the terms of any order or declaration made, or proposed to be made, under Part VIII in relation to:

a party to the subject de facto relationship; or

a person who is party to a marriage with a party to the subject de facto relationship; or

the property of a person covered by subparagraph (i) and of a person covered by subparagraph (ii), or of either of them; or

vested bankruptcy property in relation to a person covered by subparagraph (i) or (ii);

(t) any child support under the Child Support (Assessment) Act 1989 that a party to the subject de facto relationship is to provide, or might be liable to provide in the future, for a child of the subject de facto relationship;

the terms of any Part VIIIAB financial agreement that is binding on either or both of the parties to the subject de facto relationship;

the terms of any financial agreement that is binding on a party to the subject de facto relationship;

any other fact or circumstance which, in the opinion of the court, the justice of the case requires to be taken into account.

that only one party to the de facto relationship, or only one person who has been joined as a party to the proceedings, is to have ownership of the companion animal; or

that the companion animal be transferred to another person who has consented to the transfer; or

that the companion animal be sold.

the circumstances in which the companion animal was acquired;

who has ownership or possession of the companion animal;

the extent to which each party cared for, and paid for the maintenance of, the companion animal;

any family violence to which one party has subjected or exposed the other party;

any history of actual or threatened cruelty or abuse by a party towards the companion animal;

any attachment by a party, or a child of the de facto relationship, to the companion animal;

the demonstrated ability of each party to care for and maintain the companion animal in the future, without support or involvement from the other party;

any other fact or circumstance which, in the opinion of the court, the justice of the case requires to be taken into account.

the effect of any family violence, to which one party to the de facto relationship has subjected or exposed the other party, on the ability of a party to the de facto relationship to make the kind of contributions referred to in paragraphs (a), (b) and (c);

the extent to which either party has the care of a child of the subject de facto relationship who has not attained the age of 18 years, including the need of either party to provide appropriate housing for such a child;

the effect of any family violence, to which one party to the subject de facto relationship has subjected or exposed the other party, on the current and future circumstances of the other party, including on any of the matters listed in this paragraph or any of paragraphs (f) to (n);

the effect of any material wastage, caused intentionally or recklessly by a party to the subject de facto relationship, of property or financial resources of either of the parties to the subject de facto relationship or both of them;

any liabilities incurred by either of the parties to the subject de facto relationship or both of them, including the nature of the liabilities and the circumstances relating to them; and

proceedings instituted on or after the day this item commences;

proceedings instituted before, and not finally determined before, the day this item commences, other than proceedings in respect of which a final hearing has commenced before that day.

to the extent the proceedings are under Part VII; and

to the extent the proceedings are not under Part VII if:

the parties consent to this Division applying to the proceedings to the extent the proceedings are not under Part VII; or

the court orders that this Division applies to the proceedings to the extent the proceedings are not under Part VII (whether or not the parties consent).

the parties consent to this Division applying to the proceedings; or

the court orders that this Division applies to the proceedings (whether or not the parties consent).

free from coercion; and

given in the form prescribed by the applicable Rules of Court.

in performing duties and exercising powers (whether under this Division or otherwise) in relation to child-related proceedings or property or other non-child-related proceedings; and

in making other decisions about the conduct of child-related proceedings or property or other non-child-related proceedings.

the child concerned from being subjected to, or exposed to, abuse, neglect or family violence; and

the parties to the proceedings against family violence.

in the case of the Federal Circuit and Family Court of Australia (Division 1)—a Judge, the Chief Executive Officer, or a Senior Registrar or Registrar of the Court;

in the case of the Federal Circuit and Family Court of Australia (Division 2)—a Judge, the Chief Executive Officer, or a Senior Registrar or Registrar of the Court;

in any other case—a Judge, Registrar or magistrate.

on the court’s own initiative; or

at the request of one or more of the parties to the proceedings.

ask each party to the proceedings whether the party considers that the party, or another party to the proceedings, has been, or is at risk of being, subjected to family violence; and

in child-related proceedings—ask each party to the proceedings whether the party considers that the child concerned has been, or is at risk of being, subjected to, or exposed to, abuse, neglect or family violence; and

decide which of the issues in the proceedings require full investigation and hearing and which may be disposed of summarily; and

decide the order in which the issues are to be decided; and

give directions or make orders about the timing of steps that are to be taken in the proceedings; and

in deciding whether a particular step is to be taken—consider whether the likely benefits of taking the step justify the costs of taking it; and

make appropriate use of technology; and

if the court considers it appropriate—encourage the parties to use family dispute resolution or, in child-related proceedings, family counselling; and

deal with as many aspects of the matter as it can on a single occasion; and

deal with the matter, where appropriate, without requiring the parties’ physical attendance at court.

make a finding of fact in relation to the proceedings;

determine a matter arising out of the proceedings;

make an order in relation to an issue arising out of the proceedings.

Divisions 3, 4 and 5 of Part 2.1 (which deal with general rules about giving evidence, examination in chief, re-examination and cross-examination), other than sections 26, 30, 36 and 41;

Parts 2.2 and 2.3 (which deal with documents and other evidence including demonstrations, experiments and inspections);

Parts 3.2 to 3.8 (which deal with hearsay, opinion, admissions, evidence of judgments and convictions, tendency and coincidence, credibility and character).

the court is satisfied that the circumstances are exceptional; and

the court has taken into account (in addition to any other matters the court thinks relevant):

the importance of the evidence in the proceedings; and

the nature of the subject matter of the proceedings; and

the probative value of the evidence; and

the powers of the court (if any) to adjourn the hearing, to make another order or to give a direction in relation to the evidence.

a rule of common law; or

a law of a State or a Territory;

give directions or make orders about the matters in relation to which the parties are to present evidence; and

give directions or make orders about who is to give evidence in relation to each issue; and

give directions or make orders about how particular evidence is to be given; and

if the court considers that expert evidence is required—give directions or make orders about:

the matters in relation to which an expert is to provide evidence; and

the number of experts who may provide evidence in relation to a matter; and

how an expert is to provide the expert’s evidence; and

ask questions of, and seek evidence or the production of documents or other things from, parties, witnesses and experts on matters relevant to the proceedings.

about the use of written submissions; or

about the length of written submissions; or

limiting the time for oral argument; or

limiting the time for the giving of evidence; or

that particular evidence is to be given orally; or

that particular evidence is to be given by affidavit; or

that evidence in relation to a particular matter not be presented by a party; or

that evidence of a particular kind not be presented by a party; or

limiting, or not allowing, cross-examination of a particular witness; or

limiting the number of witnesses who are to give evidence in the proceedings.

receive into evidence the transcript of evidence in any other proceedings before:

the court; or

another court; or

a tribunal;

adopt any recommendation, finding, decision or judgment of any court, person or body of a kind mentioned in any of subparagraphs (a)(i) to (iii).

(a) subsection 126K(1) of the Evidence Act 1995 does not apply in relation to information that would:

reveal the identity of a journalist’s source; or

enable that identity to be discovered;

the court must not direct, under a law of a State or Territory relating to professional confidential relationship privilege specified in the regulations, that evidence not be adduced if the court considers that adducing the evidence would be in the best interests of the child.

proceedings instituted on or after the day this Division commences;

proceedings instituted before, and not finally determined before, the day this Division commences, other than proceedings in respect of which a final hearing has commenced before that day.

of a marriage—has the meaning given by subsection 71B(7); or

of a de facto relationship—has the meaning given by subsection 90RI(7).

for a party to the marriage—the issues in the proceeding that relate to financial or property matters of the marriage; or

for any other party to the proceeding—so much of the party’s financial circumstances as are relevant to the issues in the proceeding that relate to financial or property matters of the marriage.

take the failure into account when making an order under section 79 (alteration of property interests);

make any orders with respect to costs or security for costs against the person that the court considers just, having regard to the failure;

make any orders with respect to disclosure that the court considers appropriate;

if an order made by the court is contravened—impose sanctions under section 112AD;

punish the person under section 112AP for contempt;

stay or dismiss all or part of the proceedings.

financial matters;

matters that are or might become the subject of proceedings under any of the following provisions of this Act:

this Part (orders with respect to spousal maintenance or the property of the parties to the marriage);

section 90K (orders setting aside a financial agreement or a termination agreement);

Part VIIIB (orders with respect to allocation of superannuation interests);

section 106B (orders with respect to instruments or dispositions to defeat an existing or anticipated order in proceedings under this Act);

matters that are or might become the subject of proceedings relating to the distribution, after the breakdown of the marriage, of any vested bankruptcy property in relation to a bankrupt party to the marriage;

(d) matters that are or might become the subject of proceedings under any of the following provisions of the Child Support (Assessment) Act 1989:

section 116 (orders for departure from administrative assessment in special circumstances);

section 123 (orders for provision of child support otherwise than in form of periodic amounts paid to carer);

section 129 (orders modifying orders under section 123A or 124).

provide the party with information about:

the duties of disclosure under this section and explain the circumstances in which they apply; and

potential consequences of the party not complying with the duties; and

encourage the party to take all necessary steps to comply with the duties.

for a party to the relationship—the issues in the proceeding that relate to financial or property matters of the relationship; or

for any other party to the proceeding—so much of the party’s financial circumstances as are relevant to the issues in the proceeding that relate to financial or property matters of the relationship.

take the failure into account when making an order under section 90SM (alteration of property interests);

make any orders with respect to costs or security for costs against the person that the court considers just, having regard to the failure;

make any orders with respect to disclosure that the court considers appropriate;

if an order made by the court is contravened—impose sanctions under section 112AD;

punish the person under section 112AP for contempt;

stay or dismiss all or part of the proceedings.

financial matters;

matters that are or might become the subject of proceedings in a de facto financial cause;

matters that are or might become the subject of proceedings under any of the following provisions of this Act:

Division 7 of Part VII (child maintenance orders);

this Part (orders with respect to the maintenance of a party, or the property of the parties, to the relationship), other than Subdivision C of Division 1 (declarations about existence of de facto relationships);

section 90UM (orders setting aside a financial agreement or a termination agreement);

Part VIIIB (orders with respect to allocation of superannuation interests);

section 106B (orders with respect to instruments or dispositions to defeat an existing or anticipated order in proceedings under this Act);

(d) matters that are or might become the subject of proceedings under any of the following provisions of the Child Support (Assessment) Act 1989:

section 116 (orders for departure from administrative assessment in special circumstances);

section 123 (orders for provision of child support otherwise than in form of periodic amounts paid to carer);

section 129 (orders modifying orders under section 123A or 124).

provide the party with information about:

the duties of disclosure under this section and explain the circumstances in which they apply; and

potential consequences of the party not complying with the duties; and

encourage the party to take all necessary steps to comply with the duties.

for a party to the de facto relationship concerned—the issues under this Part in the proceeding; or

for any other party to the proceeding—so much of the party’s financial circumstances as are relevant to the issues under this Part in the proceeding.

provide the party with information about:

the duties of disclosure under this section and explain the circumstances in which they apply; and

potential consequences of the party not complying with the duties; and

encourage the party to take all necessary steps to comply with the duties.

(a) definition of relevant property or financial arbitration;

(b) definition of section 13E arbitration.

proceedings that are referable to arbitration within the meaning of subsection 13E(1A);

any part of such proceedings;

any matter arising in such proceedings;

a dispute about a matter with respect to which such proceedings could be instituted.

Part VIII proceedings;

Part VIIIA proceedings;

Part VIIIAB proceedings;

Part VIIIB proceedings;

Part VIIIC proceedings;

section 106A proceedings;

proceedings under section 106B.

whether the arbitration was ordered under subsection 13E(1) or not; and

at any time before an award is made in the arbitration.

to facilitate the effective conduct of family law arbitration; or

if the court is satisfied that a change in circumstances means that it is no longer appropriate for the proceedings or matter to be dealt with by arbitration—to terminate the arbitration.

for family law arbitration ordered under subsection 13E(1)—the court that ordered the arbitration; or

for other family law arbitration—a court that has jurisdiction under this Act;

Division 3A of Part II (children’s contact services); and

the accreditation of individuals as CCS practitioners; and

the accreditation of persons (whether or not individuals) and other entities as CCS businesses; and

facilitate contact between a child and a member of the child’s family with whom the child is not living; and

are provided in circumstances where members of the family may not be able to safely manage such contact; and

are provided:

on a professional basis; or

on a commercial basis; or

(iii) by an entity registered under the Australian Charities and Not-for-profits Commission Act 2012 as the type of entity mentioned in column 1 of item 1 of the table in subsection 25-5(5) of that Act; or

in the course of an undertaking that has a charitable purpose.

supervising the movement of the child between 2 or more members of the child’s family;

supervising time spent by the child with a member of the child’s family (including contact over the phone or internet);

providing a space for the child to spend time with a member of the child’s family.

services provided as a result of intervention by a child welfare officer of a State or Territory;

supervision of contact (including contact over the phone or internet) between a child and a member of the child’s family who is in a correctional institution (however described);

services prescribed by the regulations for the purposes of this paragraph.

a CCS practitioner or a CCS business;

a director or other officer of a CCS business;

a person employed or engaged to perform work (whether paid or unpaid) for or on behalf of a CCS business.

children’s contact services have been, are being, or will be, provided to the child; and

the risks are those that may arise in connection with the use, facilitation or provision of the service.

each of the entrusted persons is any of the following in relation to a particular CCS business:

a director or officer of the CCS business;

employed or engaged to provide children’s contact services for, or on behalf of, the CCS business;

employed or engaged to perform other work (whether paid or unpaid) for, or on behalf of, the CCS business; and

it is reasonable to disclose the safety information to enable the CCS business to appropriately provide children’s contact services in respect of the child.

if the person who made the communication is 18 or over—that person; or

if the person who made the communication is 15, 16 or 17 and has the capacity to consent—that person; or

if the person who made the communication is a child under 15 or a child to whom paragraph (b) does not apply:

each person who has parental responsibility (within the meaning of Part VII) for the child; or

a court.

protecting a child from the risk of harm (whether physical or psychological); or

preventing or lessening a serious and imminent threat to the life or health of a person; or

reporting the commission, or preventing the likely commission, of an offence involving violence or a threat of violence to a person; or

preventing or lessening a serious and imminent threat to the property of a person; or

reporting the commission, or preventing the likely commission, of an offence involving intentional damage to property of a person or a threat of damage to property; or

if a lawyer independently represents a child’s interests under an order under section 68L and it is unreasonable or impractical to obtain consent as mentioned in subsection (7)—assisting the lawyer to properly represent the child’s interests.

in any court (whether or not exercising federal jurisdiction); or

in any proceedings before a person authorised to hear evidence (whether the person is authorised by a law of the Commonwealth, a State or a Territory, or by the consent of the parties).

an admission by an adult that indicates that a child under 18 has been abused or is at risk of abuse; or

a disclosure by a child under 18 that indicates that the child has been abused or is at risk of abuse;

(a) prescribe civil penalty provisions (the CCS civil penalty provisions) in relation to requirements to be complied with by CCS practitioners and CCS businesses; and

prescribe penalties for contraventions of the CCS civil penalty provisions that do not exceed:

for a body corporate—250 penalty units; or

for any other person—50 penalty units.

the Secretary of the Department;

the person or persons prescribed by the Accreditation Rules as having responsibility for monitoring compliance with the Rules in relation to CCS practitioners and CCS businesses.

the Federal Court of Australia;

the Federal Circuit and Family Court of Australia;

a court of a State or Territory that has jurisdiction in relation to matters arising under this Act.

the individual provides a children’s contact service; and

the Accreditation Rules provide for accreditation of CCS practitioners; and

the individual is not a CCS practitioner.

the body corporate provides a children’s contact service; and

the Accreditation Rules provide for accreditation of CCS businesses; and

the body corporate is not a CCS business.

for an individual—50 penalty units; or

for a body corporate—250 penalty units.

the person is a CCS business; and

an individual provides a children’s contact service for or on behalf of the person; and

the Accreditation Rules provide for accreditation of CCS practitioners; and

the individual is not a CCS practitioner.

for an individual—50 penalty units; or

for a body corporate—250 penalty units.

considered whether or not the individual was a CCS practitioner; and

is under a mistaken but reasonable belief about that matter.

the individual controls, directs or organises (whether alone or jointly with other persons) the provision of children’s contact services in the individual’s own name or under a business name; and

the Accreditation Rules provide for accreditation of CCS businesses; and

the individual is not a CCS business.

an individual provides a children’s contact service for or on behalf of an entity that is not a legal person; and

the Accreditation Rules provide for accreditation of CCS businesses; and

the entity is not a CCS business; and

at the time the individual provides the children’s contact service, the person is a person who controls, directs or organises (whether alone or jointly with other persons) the provision of children’s contact services for or on behalf of the entity.

for an individual—50 penalty units; or

for a body corporate—250 penalty units.

considered whether or not the entity was a CCS business; and

is under a mistaken but reasonable belief about that matter.

an individual provides a children’s contact service for or on behalf of an entity that is not a legal person; and

the entity is a CCS business; and

the Accreditation Rules provide for accreditation of CCS practitioners; and

the individual is not a CCS practitioner; and

at the time the individual provides the children’s contact service, the person is a person who controls, directs or organises (whether alone or jointly with other persons) the provision of children’s contact services for or on behalf of the entity.

for an individual—50 penalty units; or

for a body corporate—250 penalty units.

considered whether or not the individual was a CCS practitioner; and

is under a mistaken but reasonable belief about that matter.

the person had considered on a previous occasion whether that was the case in the circumstances surrounding that occasion; and

the person honestly and reasonably believed that the circumstances surrounding the present occasion were the same, or substantially the same, as those surrounding the previous occasion.

if the entity is a partnership—each of the following:

each partner in the partnership at the time;

if a partner is a body corporate—each director of the partner at the time;

a person prescribed by the Accreditation Rules;

if the entity is a trust—each of the following:

the trustee, or each trustee, of the trust, at the time;

if a trustee is a body corporate—each director of the trustee at the time;

a person prescribed by the Accreditation Rules;

if the entity is any other kind of entity—each person prescribed by the Accreditation Rules for that kind of entity.

complying with the requirement is within the actual or apparent scope of the person’s duties in relation to the entity;

the person’s duties involve controlling, directing or organising (whether alone or jointly with other persons) the provision of children’s contact services in the entity’s name;

the person aided, abetted, counselled or procured the act or omission concerned;

the person was in any way knowingly concerned in, or party to, the act or omission concerned (whether directly or indirectly and whether by any act or omission of the person).

to give the court the power to require parties to proceedings under this Act to make use of children’s contact services provided by CCS businesses; and

that one or more of the parties to the proceedings make use of children’s contact services provided by CCS businesses;

a CCS practitioner; or

a CCS practitioner; and

proceedings instituted on or after the day this Part commences;

proceedings instituted before, and not finally determined before, the day this Part commences.

the applicant files in the court, together with the application, a certificate given to the applicant by a family dispute resolution practitioner under subsection (8); or

after the making of the application, the court grants the applicant an exemption under subsection (8A) from having to file such a certificate.

within the time prescribed by the applicable Rules of Court; or

within any further time allowed in accordance with the applicable Rules of Court;

that are instituted on or after the day this Part commences; or

that were instituted before the day this Part commences if the proceedings were not finally determined before that day.

require a one-off or periodic searches (see subsection 67N(5)); and

require information about violence to children and others in addition to location information (see subsection 67N(9)).

a one-off search for information sought by the order; or

periodic searches for the information sought by the order for the period during which the order is in force, which must not exceed 12 months.

the child;

a person who is related to the child within the meaning of subsection 67NA(1);

a person who has a connection to the child that the court considers relevant.

a particular record, or particular kinds of records;

records held in relation to particular individuals;

records made within a particular period, or before or after a particular time.

revoke the order before the order ceases to be in force if satisfied that the purpose of the order has been achieved; or

if the court receives notice of a child’s return under subsection 67Y(2)—consider revoking the order if satisfied that the purpose of the order has been achieved.

if a time is specified by the Court—by that time; or

if a time is not specified—as soon as practicable.

the communication, disclosure or publication of information; or

the production of, or the publication of the contents of, a document;

does not override an order of the High Court or a court created by the Parliament under Chapter III of the Constitution; and

does not apply in relation to information relevant to proceedings on foot in any such court.

a parent, adoptive parent or step-parent of the child;

a grandparent or step-grandparent of the child;

a sibling, half-sibling or step-sibling of the child;

an uncle or aunt of the child;

a niece or nephew of the child;

a cousin of the child;

any other person biologically related to the child;

if the child is in a foster arrangement—a person:

who fosters the child; or

who is a spouse, or de facto partner within the meaning of section 60EA, of a person who fosters the child; or

who is an intimate partner (within the meaning of subsection (2)) of a person who fosters the child (whether or not residing with the person); or

who would be related to the child in accordance with paragraph (b), (c), (d), (e), (f) or (g) if a person who fosters the child were the child’s parent.

the extent to which each is personally dependent on the other;

the extent to which each is financially dependent on the other (including any arrangements for financial support);

the length of the relationship;

the frequency of contact between each other;

if there is, or has been, a sexual relationship;

the extent to which each is involved in, or knows about, the other’s personal life;

the degree of mutual commitment to a shared life;

if they share care or support for children or other dependents.

if the regulations specify classes of proceedings for the court for the purposes of this section—those classes of proceedings;

otherwise—proceedings generally.

(a) in the course of, or in connection with, a relationship in which one person (the confidant) is acting in a professional capacity to provide a professional service (see section 102BB) to another person (the protected confider); and

in circumstances in which the confidant is under an obligation not to disclose communications made to them by, or in relation to, the protected confider (whether the obligation is express or inferred from the nature of the relationship).

a health service mentioned in subsection (3) or (4);

a specialist service in relation to:

sexual assault; or

family violence;

any activity prescribed by the regulations for the purpose of this paragraph.

to assess, maintain or improve the individual’s health; or

where the individual’s health cannot be maintained or improved—to manage the individual’s health; or

to diagnose the individual’s illness, disability or injury; or

to treat the individual’s illness, disability or injury or suspected illness, disability or injury; or

to record the individual’s health for the purposes of assessing, maintaining, improving or managing the individual’s health.

a protected confidence; or

the contents of a document recording or relating to a protected confidence.

on its own initiative; or

on application by:

the confidant; or

a person who is in possession or has control of a document recording or relating to a protected confidence; or

a litigation guardian; or

if the protected confider is aged 18 or over—on application by the protected confider; or

if the protected confider is a child aged under 18—on application by:

a person who has parental responsibility (within the meaning of Part VII) for the child; or

an independent children’s lawyer who represents the interests of the child in the proceedings; or

a person who has care of the child; or

a person who proposes to have parental responsibility for the child.

a protected confidence; or

the contents of a document recording or relating to a protected confidence.

a subpoena to produce a document;

a requirement under this Act or the applicable Rules of Court that a party to proceedings produce a document or part of a document in the proceedings.

on its own initiative; or

on application by:

the confidant; or

a person who is in possession or has control of a document recording or relating to a protected confidence; or

a litigation guardian; or

if the protected confider is aged 18 or over—on application by the protected confider; or

if the protected confider is a child aged under 18—on application by:

a person who has parental responsibility (within the meaning of Part VII) for the child; or

an independent children’s lawyer who represents the interests of the child in the proceedings; or

a person who has care of the child; or

a person who proposes to have parental responsibility for the child.

it is likely that harm would or might be caused (directly or indirectly) to the protected confider, or to a child to whom the proceedings relate, if the evidence were adduced or the document or part produced, inspected or copied; and

the nature and extent of the harm outweighs the desirability of adducing the evidence or producing, inspecting or copying the document or part.

physical harm;

psychological harm or oppression;

mental distress;

a detrimental effect on the other party’s capacity to care for a child;

financial harm.

in relation to the evidence, or the document or part:

its probative value in the proceedings; and

its importance in the proceedings; and

the availability of other evidence or documents, concerning the matters to which the evidence, or the document or part, relates;

the likely effect of adducing the evidence, or producing, inspecting or copying the document or part, including the likelihood of harm, and the nature and extent of harm, that would or might be caused:

to the protected confider; or

to a child to which the proceedings relate;

the means available to the court to limit the harm or extent of the harm likely to be caused if the evidence is adduced or the document or part produced, inspected or copied;

whether the substance of the evidence, or of the document or part, has already been disclosed by the protected confider or any other person;

the public interest in preserving the confidentiality of protected confidences;

whether the protected confider opposes the disclosure of the protected confidence or any part of it;

whether a lawyer is representing the protected confider in relation to the proceedings;

if the protected confider is a child aged under 18—whether any of the following oppose the disclosure of the protected confidence or any part of it:

a person who has parental responsibility (within the meaning of Part VII) for the child;

an independent children’s lawyer who represents the interests of the child in the proceedings.

the protected confider is an adult; and

the protected confider consents to the evidence being adduced or document or part of the document being disclosed; and

the consent is in writing and witnessed by an independent person who is 18 years of age or over and not party to the proceedings.

proceedings instituted after that commencement;

proceedings instituted but not finally determined before that commencement, other than proceedings in respect of which a final hearing has commenced before that commencement.

the financial circumstances of each party to the proceedings;

whether any party to the proceedings is receiving assistance by way of legal aid in respect of the proceedings and, if so, the terms of the grant of the assistance to that party;

the conduct of the parties to the proceedings in relation to the proceedings including, without limiting paragraphs (a) and (b), the conduct of the parties in relation to pleadings, particulars, discovery, inspection, directions to answer questions, admissions of facts, production of documents and similar matters;

whether the proceedings were necessitated by the failure of a party to the proceedings to comply with previous orders of the court;

whether any party to the proceedings has been wholly unsuccessful in the proceedings;

whether a party to the proceedings has made an offer in writing to the other party to the proceedings to settle the proceedings and the terms of any such offer;

such other matters as the court considers relevant.

at any stage during the proceedings; or

within 28 days after the final order in the proceedings is made.

of a specific amount; or

as assessed on a particular basis (for example, party and party, solicitor and client or indemnity); or

to be calculated in accordance with the method stated in the order; or

for part of the proceedings, or part of an amount assessed in accordance with the applicable Rules of Court.

a party to the proceedings is receiving assistance by way of legal aid in respect of the proceedings; or

the court considers that a party to the proceedings would suffer financial hardship if the party had to bear a proportion of the costs of the independent children’s lawyer;

established under a law of the Commonwealth or of a State or Territory; or

approved by the Attorney-General.

under section 91B, an officer intervenes in proceedings; and

the officer acts in good faith in relation to the proceedings;

in favour of a party who has been substantially successful in the proceedings; and

against a person or body who holds or held an office or appointment under those regulations and is a party to the proceedings in that capacity.

is not reasonable given the terms of the Act or regulations; or

is not convenient to give effect to Australia’s obligations under the Convention concerned, or to obtain for Australia the benefits of that Convention.

against a party who has wrongfully removed or retained a child, or wrongfully prevented the exercise of rights of access (within the meaning of the Convention referred to in that section) to a child; and

in respect of the necessary expenses incurred by the person who made the application, under that Convention, concerning the child.

proceedings instituted on or after the day this Division commences;

proceedings instituted before, and not finally determined before, the day this Division commences, other than proceedings in respect of which a final hearing has commenced before that day.

in relation to a Family Court of a State—means:

if Rules of Court made under section 123A are in force for the purposes of that Court—those Rules of Court; or

if subparagraph (i) does not apply—the standard Rules of Court; and

the Federal Circuit and Family Court of Australia; or

if Rules of Court made under section 123A are in force for the purposes of a Family Court of a State—that Court.

providing for and in relation to the attendance of witnesses; and

providing for and in relation to the manner of service of process of the State Court, and for and in relation to dispensing with such service; and

providing for and in relation to trial management; and

providing for and in relation to the prevention or termination of vexatious or harmful proceedings; and

prescribing the seals and stamps to be used in the State Court; and

prescribing matters relating to the costs of proceedings (including solicitor and client costs and party and party costs) and the assessment or taxation of those costs; and

authorising the State Court to refer to an officer of the court for investigation, report and recommendation claims or applications for or relating to any matters before the court; and

authorising an officer making an investigation mentioned in paragraph (g) to:

take evidence on oath or affirmation; and

receive in evidence a report from a family consultant under section 55A or 62G; and

receive in evidence a report from a person who has had dealings with a party to the matter under investigation under section 65F, 65L, 65LA, 70NBB, 70NBD or 70NBF; and

enabling the summoning of witnesses before an officer making an investigation mentioned in paragraph (g) for the purposes of giving evidence or producing books or documents; and

regulating the procedure of the State Court upon receiving a report of an officer who has made an investigation referred to in paragraph (g); and

providing for and in relation to the procedure of the State Court when exercising its powers under section 112AP to deal with a person for contempt of the court; and

for the purposes of Division 2 of Part XI, providing for the conditions relating to the use of video links, audio links and other appropriate means of communication; and

providing for and in relation to the making of an application for a divorce order in relation to a marriage jointly by both parties to the marriage; and

(n) providing for and in relation to the appointment, by the Attorney-General of the Commonwealth, of a guardian ad litem for a party to proceedings under this Act; and

providing for and in relation to:

the forfeiture of bonds and recognisances entered into in pursuance of requirements made under this Act; and

the recovery of any money that may be due to the Commonwealth under such bonds and recognisances or from any person who has become a surety under this Act; and

providing for and in relation to the attachment of moneys payable by the Commonwealth, a State, a Territory or the Administration of a Territory, or by an authority of the Commonwealth, of a State or of a Territory (other than moneys as to which it is provided by any law of the Commonwealth, of a State or of a Territory that they are not liable to attachment); and

providing for and in relation to:

the attendance at family counselling by parties to proceedings under this Act; and

the attendance at family dispute resolution by parties to proceedings under this Act; and

the giving of advice and assistance by family consultants to people involved in proceedings under this Act; and

the participation by parties to proceedings under this Act in courses, programs and other services (other than those mentioned in subparagraph (i), (ii) or (iii)) that the parties are ordered by the State Court to participate in; and

the use, for the purposes of proceedings under this Act, by the State Court and officers of the court, of reports about the future conduct of the proceedings that have been prepared by persons who dealt with the parties in accordance with Rules of Court made under subparagraphs (i), (ii), (iii) or (iv); and

prescribing the functions and duties of assessors and of family consultants and arbitrators; and

providing for and in relation to the making of applications under this Act for arbitration and for orders under sections 13E and 13F; and

prescribing the disputes, proceedings or matters that may or may not be arbitrated under this Act; and

prescribing the disputes, proceedings or matters in relation to which family consultants may, or must not, perform their functions; and

providing for and in relation to:

the functions to be performed by family consultants; and

the procedures to be followed in performing those functions; and

the procedures to be followed by persons involved in proceedings in relation to which a family consultant is performing functions; and

the procedures to be followed when a family consultant ceases performing functions in relation to a dispute, proceeding or matter; and

providing for and in relation to:

(i) the procedures to be followed by a family counsellor authorised under subsection 281(1) of the Federal Circuit and Family Court of Australia Act 2021 or engaged under subsection 18ZI(2) of the Federal Court of Australia Act 1976; and

the procedures to be followed by persons attending family counselling with such a counsellor; and

the procedures to be followed when family counselling with such a counsellor ends; and

providing for and in relation to:

(i) the procedures to be followed by a family dispute resolution practitioner authorised under subsection 281(2) of the Federal Circuit and Family Court of Australia Act 2021 or engaged under subsection 18ZI(2) of the Federal Court of Australia Act 1976; and

the procedures to be followed by persons attending family dispute resolution with such a practitioner; and

the procedures to be followed when family dispute resolution with such a practitioner ends; and

providing for and in relation to:

the procedures to be followed by an arbitrator in relation to a dispute, proceeding or matter under this Act; and

the attendance by persons at conferences conducted by arbitrators for the purpose of arbitrating a dispute, proceeding or matter under this Act; and

the procedure to be followed when arbitration ends, both where it has resulted in an agreement or award and where it has not; and

prescribing matters relating to the costs of arbitration by arbitrators, and the assessment or taxation of those costs; and

(za) prescribing matters relating to the costs of family counselling by family counsellors authorised under subsection 281(1) of the Federal Circuit and Family Court of Australia Act 2021 or engaged under subsection 18ZI(2) of the Federal Court of Australia Act 1976; and

(zb) prescribing matters relating to the costs of family dispute resolution by family dispute resolution practitioners authorised under subsection 281(2) of the Federal Circuit and Family Court of Australia Act 2021 or engaged under subsection 18ZI(2) of the Federal Court of Australia Act 1976; and

providing for and in relation to:

the registration of awards under section 13H; and

the time and manner of making applications for review of registered awards under section 13J or for orders setting aside registered awards under section 13K; and

providing for and in relation to conciliation conferences; and

prescribing matters incidental to the matters specified in the preceding paragraphs; and

prescribing penalties not exceeding 50 penalty units, or an amount that is the monetary equivalent, for offences against Rules of Court made under this section for the purposes of the State Court.

as if a reference to a legislative instrument (other than in subparagraph 14(1)(a)(ii) and subsection 14(3) of that Act) were a reference to a rule of court; and

as if a reference to a rule-maker were a reference to the Chief Judge (however described) acting on behalf of the Judges of that Court; and

subject to such further modifications or adaptations as are provided for in regulations made under paragraph 125(1)(baa) of this Act.

prescribing, or providing for or in relation to, anything that may be dealt with in Rules of Court made under paragraph 123A(1)(r), (s), (t), (u), (v), (w), (x), (y), (z), (za) or (zb); and

(a) do not affect the continuity of any Rules of Court made for the purposes of Family Law Act 1975 that are in force immediately before the commencement of this item; andsection 123 of the

to avoid doubt, do not prevent the amendment or repeal of those Rules of Court.

the person receives a direction from the Minister under subsection (3A); and

the person does not comply with the direction.

the person receives a direction from the Minister under subsection (4A); and

the person does not comply with the direction.

that the spouses are married, but are separated at the declaration time; or

if either or both of the spouses have died—that the spouses were married, but separated at the most recent time when both spouses were alive.

that the spouses lived in a de facto relationship, but are separated at the declaration time; or

if either or both of the spouses have died—that the spouses lived in a de facto relationship, but were separated at the most recent time when both spouses were alive.

that the parties lived in a de facto relationship, but are separated, at the declaration time; or

if either or both of the parties to the de facto relationship have died—that the parties lived in a de facto relationship, but were separated at the most recent time when both parties were alive.