Family Law Act. Australia

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      Federal Circuit Court means the Federal Circuit Court of Australia. financial agreement means an agreement that is a financial agreement under section 90B, 9 °C or 90D, but does not include an ante‑nuptial or post‑nuptial settlement to which section 85A applies. financial matters means: (a) in relation to the parties to a marriage — matters with respect to: (i) the maintenance of one of the parties; or (ii) the property of those parties or of either of them; or (iii) the maintenance of children of the marriage; or (b) in relation to the parties to a de facto relationship — any or all of the following matters: (i) the maintenance of one of the parties; (ii) the distribution of the property of the parties or of either of them; (iii) the distribution of any other financial resources of the parties or of either of them. financial or Part VII proceedings means proceedings (being, unless the context otherwise requires, proceedings under this Act) of a kind referred to in any of paragraphs (c) to (eb) of the definition of matrimonial cause in this subsection or proceedings under Part VII. forfeiture application means an application for a forfeiture order. forfeiture order means: (a) a forfeiture order under the Proceeds of Crime Act 2002; or (b) an order that is made under a State or Territory proceeds of crime law and that is of a kind declared by the regulations to be a forfeiture order for the purposes of this paragraph. freezing order means: (a) a freezing order under the Proceeds of Crime Act 2002; or (b) an order that is made under a State or Territory proceeds of crime law and that is of a kind declared by the regulations to be a freezing order for the purposes of this paragraph.

      Full Court means: (a) 3 or more Judges of the Family Court sitting together, where a majority of those Judges are members of the Appeal Division; or (b) in relation to particular proceedings: (i) 3 or more Judges of the Family Court sitting together, where, at the commencement of the hearing of the proceedings, a majority of those Judges were members of the Appeal Division; or (ii) 2 Judges of the Family Court sitting together, where those Judges are permitted, by subsection 28(4), to complete the hearing and determination, or the determination, of those proceedings.

      General Division means the General Division of the Family Court. guardian, when used in Part VII in relation to a child, includes a person who has been granted (whether alone or jointly with another person or other persons) guardianship of the child under the law of the Commonwealth or of a State or Territory. handle a complaint means do one or more of the following acts relating to the complaint: (a) consider the complaint; (b) investigate the complaint; (c) report on an investigation of the complaint; (d) deal with a report of an investigation of the complaint; (e) dispose of the complaint; (f) refer the complaint to a person or body. income tested pension, allowance or benefit means a pension, allowance or benefit prescribed, or included in a class of pensions, allowances or benefits prescribed, for the purposes of this definition. independent children’s lawyer for a child means a lawyer who represents the child’s interests in proceedings under an appointment made under a court order under subsection 68L(2). information about the child’s location, in the context of a location order made or to be made by a court in relation to a child, means information about: (a) where the child is; or (b) where a person, who the court has reasonable cause to believe has the child, is. interests, when used in Part VII in relation to a child, includes matters related to the care, welfare or development of the child. lawyer means a person enrolled as a legal practitioner of: (a) a federal court; or (b) the Supreme Court of a State or Territory. location order has the meaning given by subsection 67J(1). made, in relation to a decree, being a judgment, means given. made in favour, in relation to a parenting order (other than a child maintenance order), has the meaning given by subsection 64B(6). maintenance agreement means an agreement in writing made, whether before or after the commencement of this Act and whether within or outside Australia, between the parties to a marriage, being an agreement that makes provision with respect to financial matters, whether or not there are other parties to the agreement and whether or not it also makes provision with respect to other matters, and includes such an agreement that varies an earlier maintenance agreement. major long‑term issues, in relation to a child, means issues about the care, welfare and development of the child of a long‑term nature and includes (but is not limited to) issues of that nature about: (a) the child’s education (both current and future); and (b) the child’s religious and cultural upbringing; and (c) the child’s health; and (d) the child’s name; and (e) changes to the child’s living arrangements that make it significantly more difficult for the child to spend time with a parent.

      To avoid doubt, a decision by a parent of a child to form a relationship with a new partner is not, of itself, a major long‑term issue in relation to the child. However, the decision will involve a major long‑term issue if, for example, the relationship with the new partner involves the parent moving to another area and the move will make it significantly more difficult for the child to spend time with the other parent. matrimonial cause 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; or (c) proceedings between the parties to a marriage with respect to the maintenance of one of the parties to the marriage; or (caa) proceedings between: (i) a party to a marriage; and (ii) the bankruptcy trustee of a bankrupt party to the marriage; with respect to the maintenance of the first‑mentioned party; or (ca) proceedings between the parties to a marriage with respect to the property of the parties to the marriage or either of them, being proceedings: (i) arising out of the marital relationship; (ii) in relation to concurrent, pending or completed divorce or validity of marriage proceedings between those parties; or (iii) in relation to the divorce of the parties to that marriage, the annulment of that marriage or the legal separation of the parties to that marriage, being a divorce, annulment or legal separation effected in accordance with the law of an overseas jurisdiction, where that divorce, annulment or legal separation is recognised as valid in Australia under section 104; or (cb) proceedings between: (i) a party to a marriage; and (ii) the bankruptcy trustee of a bankrupt party to the marriage; with respect to any vested bankruptcy property in relation to the bankrupt party, being proceedings: (iii) arising out of the marital relationship; or (iv) in relation to concurrent, pending or completed divorce or validity of marriage proceedings between the parties to the marriage; or (v) in relation to the divorce of the parties to the marriage, the annulment of the marriage or the legal separation of the parties to the marriage, being a divorce, annulment or legal separation effected in accordance with the law of an overseas jurisdiction, where that divorce, annulment or legal separation is recognised as valid in Australia under section 104; or (d) proceedings between the parties to a marriage for the approval by a court of a maintenance agreement or for the revocation of such an approval or for the registration of a maintenance agreement; or (e) proceedings between the parties to a marriage for an order or injunction in circumstances arising out of the marital relationship (other than proceedings under a law of a State or Territory prescribed for the purposes of section 114AB); or (ea) proceedings between: (i) the parties to a marriage; or (ii) if one of the parties to a marriage has died — the other party to the marriage and the legal personal representative of the deceased party to the marriage; being proceedings: (iii) for the enforcement of, or otherwise in relation to, a maintenance agreement that has been approved under section 87 and the approval of which has not been revoked; (iv) in relation to a maintenance agreement the approval of which under section 87 has been revoked; or (v) with respect to the enforcement under this Act or the applicable Rules of Court of a maintenance agreement that is registered in a court under section 86 or an overseas maintenance agreement that is registered in a court under regulations made pursuant to section 89; or (eaa) without limiting any of the preceding paragraphs, proceedings with respect to a financial agreement that are between any combination of: (i) the parties to that agreement; and (ii) the legal personal representatives of any of СКАЧАТЬ