Family Law Act. Australia

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СКАЧАТЬ includes Norfolk Island. bankruptcy trustee, in relation to a bankrupt, means the trustee of the bankrupt’s estate. birth includes stillbirth. breakdown: (a) in relation to a marriage, does not include a breakdown of the marriage by reason of death; and (b) in relation to a de facto relationship, does not include a breakdown of the relationship by reason of death. captain, in relation to an aircraft or vessel, means the person in charge or command of the aircraft or vessel.

      Chief Executive Officer means the Chief Executive Officer of the Family Court and the Federal Circuit Court.

      Note: The Chief Executive Officer is appointed under section 38C. A person is appointed to act as the Chief Executive Officer under section 38M. child: (a) in Part VII, includes an adopted child and a stillborn child; and (b) in Subdivision E of Division 6 of that Part, means a person who is under 18 (including a person who is an adopted child). child: Subdivision D of Division 1 of Part VII affects the situations in which a child is a child of a person or is a child of a marriage or other relationship.

      Note: In determining if a child is the child of a person within the meaning of this Act, it is to be assumed that Part VII extends to all States and Territories. childbirth maintenance period, in relation to the birth of a child, means the period that begins on the day mentioned in paragraph (a) or (b) and ends 3 months after the child’s birth: (a) if the mother: (i) works in paid employment; and (ii) is advised by a medical practitioner to stop working for medical reasons related to her pregnancy; and (iii) stops working after being so advised and more than 2 months before the child is due to be born; the period begins on the day on which she stops working; or (b) in any other case — the period begins on the day that is 2 months before the child is due to be born. child maintenance order has the meaning given by subsection 64B(5). child maintenance provisions, in relation to a parenting plan, has the meaning given by subsection 63C(5). child of a marriage includes a child who is, under subsection 60F(1) or (2), a child of a marriage, but does not include a child who has, under subsection 60F(3), ceased to be a child of a marriage. child‑related proceedings has the meaning given by section 69ZM. child welfare law means a law of a State or Territory prescribed, or included in a class of laws of a State or Territory prescribed, for the purposes of this definition. child welfare officer, in relation to a State or Territory, means: (a) a person who, because he or she holds, or performs the duties of, a prescribed office of the State or Territory, has responsibilities in relation to a child welfare law of the State or Territory; or (b) a person authorised in writing by such a person for the purposes of Part VII. child welfare provisions, in relation to a parenting plan, has the meaning given by subsection 63C(4).

      Commonwealth information order has the meaning given by subsection 67J(2).

      Commonwealth instrumentality means a body or authority established for a public purpose by or under a law of the Commonwealth. community service order has the meaning given by subsection 70NFC(3). complaint means a complaint mentioned in paragraph 21B(1A)(c). complaint handler means: (a) the Chief Judge; or (b) a person who is authorised by the Chief Judge under subsection 21B(3A); or (c) a person who is a member of a body that is authorised by the Chief Judge under subsection 21B(3A). contravened an order, in Division 13A of Part VII, has the meaning given by section 70NAC. court, in relation to any proceedings, means the court exercising jurisdiction in those proceedings by virtue of this Act.

      CSC (short for Commonwealth Superannuation Corporation) has the same meaning as in the Governance of Australian Government Superannuation Schemes Act 2011. debtor subject to a personal insolvency agreement has the meaning given by section 5. decree means decree, judgment or order and includes: (a) an order dismissing an application; or (b) a refusal to make a decree or order. de facto financial cause means: (a) proceedings between the parties to a de facto relationship with respect to the maintenance of one of them after the breakdown of their de facto relationship; or (b) proceedings between: (i) a party to a de facto relationship; and (ii) the bankruptcy trustee of a bankrupt party to the de facto relationship; with respect to the maintenance of the first‑mentioned party after the breakdown of the de facto relationship; or (c) proceedings between the parties to a de facto relationship with respect to the distribution, after the breakdown of the de facto relationship, of the property of the parties or either of them; or (d) proceedings between: (i) a party to a de facto relationship; and (ii) the bankruptcy trustee of a bankrupt party to the de facto relationship; with respect to the distribution, after the breakdown of the de facto relationship, of any vested bankruptcy property in relation to the bankrupt party; or (e) without limiting any of the preceding paragraphs, proceedings with respect to a Part VIIIAB financial agreement that are between any combination of: (i) the parties to that agreement; and (ii) the legal personal representatives of any of those parties who have died; (including a combination consisting solely of parties or consisting solely of representatives); or (f) third party proceedings (as defined in section 4B) to set aside a Part VIIIAB financial agreement; or (g) any other proceedings (including proceedings with respect to the enforcement of a decree or the service of process) in relation to concurrent, pending or completed proceedings of a kind referred to in any of the preceding paragraphs. de facto property settlement or maintenance proceedings means proceedings with respect to: (a) the distribution of the property of the parties to a de facto relationship or of either of them; or (b) the distribution of the vested bankruptcy property in relation to a bankrupt party to a de facto relationship; or (c) the maintenance of a party to a de facto relationship. de facto relationship has the meaning given by section 4AA.

      Department, in Subdivision C of Division 8 of Part VII, means a Department of State of the Commonwealth. distribute: (a) in relation to: (i) property, and financial resources, of the parties to a de facto relationship or either of them; or (ii) vested bankruptcy property in relation to a bankrupt party to a de facto relationship; includes conferring rights or obligations in relation to the property or financial resources; and (b) in relation to a Part VIIIAB financial agreement, has a meaning affected by subsection 90UI(3). divorce means the termination of a marriage otherwise than by the death of a party to the marriage.

      Note: Annulment does not involve the termination of a marriage but simply a declaration that a purported marriage is in fact void. divorce or validity of marriage proceedings means: (a) proceedings between the parties to a marriage, or by the parties to a marriage, for: (i) a divorce order in relation to the marriage; or (ii) a decree of nullity of marriage; or (b) proceedings for a declaration as to the validity of: (i) a marriage; or (ii) a divorce; or (iii) the annulment of a marriage; by decree or otherwise. education includes apprenticeship or vocational training. excluded order means: (a) an interim order; or (b) an order made in favour of a person where: (i) the order was made on the application of the person; and (ii) notice of making the application was not served on any other person; and (iii) no other person appeared at the hearing of the application. exposed to family violence, in relation to a child, has the meaning given by subsection 4AB(3). family consultant has the meaning given by section 11B. family counselling has the meaning given by section 10B. family counsellor has the meaning given by section 1 °C. family dispute resolution has the meaning given by section 10F. family dispute resolution practitioner has the meaning given by section 10G.

      Family Law Magistrate of Western Australia means a person who holds office concurrently: (a) as a magistrate under the Magistrates Court Act 2004 of Western Australia; and (b) as the Principal Registrar, or as a Registrar, of the Family Court of Western Australia. family violence has the meaning given by subsection 4AB(1). family violence order means an order СКАЧАТЬ