Family Law Act. Australia

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СКАЧАТЬ in respect of the instrumentality — the person holding, or performing the duties of, that office; or (b) the person who constitutes the instrumentality or who is entitled to preside at any meeting of the instrumentality, or of its governing body, at which the person is present. proceedings means a proceeding in a court, whether between parties or not, and includes cross‑proceedings or an incidental proceeding in the course of or in connexion with a proceeding. proceedings for principal relief means proceedings under this Act of a kind referred to in paragraph (a) or (b) of the definition of matrimonial cause in this subsection. proceeds of crime authority has the meaning given by section 4C.

      Note: Section 4C provides for different proceeds of crime authorities in relation to orders under the Proceeds of Crime Act 2002 and State or Territory proceeds of crime laws. proceeds of crime order means: (aa) a freezing order; or (a) a restraining order; or (b) a forfeiture order. professional ethics includes: (a) rules of professional conduct; and (b) rules of professional etiquette; and (c) a code of ethics; and (d) standards of professional conduct. property means: (a) in relation to the parties to a marriage or either of them — means property to which those parties are, or that party is, as the case may be, entitled, whether in possession or reversion; or (b) in relation to the parties to a de facto relationship or either of them — means property to which those parties are, or that party is, as the case may be, entitled, whether in possession or reversion. property settlement or spousal maintenance proceedings means proceedings with respect to: (a) the property of the parties to a marriage or either of them; or (aa) the vested bankruptcy property in relation to a bankrupt party to a marriage; or (b) the maintenance of a party to a marriage. property settlement proceedings means: (a) in relation to the parties to a marriage — proceedings with respect to: (i) the property of the parties or either of them; or (ii) the vested bankruptcy property in relation to a bankrupt party to the marriage; or (b) in relation to the parties to a de facto relationship — proceedings with respect to: (i) the property of the parties or either of them; or (ii) the vested bankruptcy property in relation to a bankrupt party to the de facto relationship. reasonable excuse for contravening an order includes the meanings given by section 70NAE. recovery order has the meaning given by section 67Q. referring State has the meaning given by subsections 90RA(2), (3), (4) and (5).

      Registrar means: (a) in relation to the Family Court — the Principal Registrar, a Registrar, or a Deputy Registrar of the Court; and (b) in relation to a court other than the Family Court — the principal legal officer of the court or any other appropriate officer of the court.

      Registry Manager: (a) except in Subdivision C of Division 8 of Part VII and sections 67Z and 67ZBA, means: (i) in relation to the Family Court — the Registry Manager of a Registry of the Court; and (ii) in relation to a court other than the Family Court — the principal officer of the court or any other appropriate officer of the court; and (b) in Subdivision C of Division 8 of Part VII, means: (i) in relation to the Family Court — the Registry Manager of the Registry of the Court; and (ii) in relation to the Family Court of Western Australia — the Principal Registrar, a Registrar or a Deputy Registrar, of the court; and (iii) in relation to any other court — the principal officer of the court. related Federal Circuit Court Rules means the Rules of Court made under the Federal Circuit Court of Australia Act 1999 to the extent to which they relate to this Act. relative of a child: (a) in Part VII, means: (i) a step‑parent of the child; or (ii) a brother, sister, half‑brother, half‑sister, step‑brother or step‑sister of the child; or (iii) a grandparent of the child; or (iv) an uncle or aunt of the child; or (v) a nephew or niece of the child; or (vi) a cousin of the child; and (b) in subsection (1AB), has the meaning given by subsection (1AC). relevant belief: a person has a relevant belief in relation to a complaint about a Judge if: (a) the person believes that one or more of the circumstances that gave rise to the complaint may, if substantiated, justify consideration of the removal of the Judge in accordance with paragraph 72(ii) of the Constitution; or (b) the person believes that one or more of the circumstances that gave rise to the complaint may, if substantiated: (i) adversely affect, or have adversely affected, the performance of judicial or official duties by the Judge; or (ii) have the capacity to adversely affect, or have adversely affected, the reputation of the Court. relevant property or financial arbitration has the meaning given by subsection 10L(2). repealed Act means the Matrimonial Causes Act 1959. restraining order means: (a) a restraining 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 restraining order for the purposes of this paragraph. section 13E arbitration has the meaning given by subsection 10L(2). section 90RD declaration means a declaration under subsection 90RD(1). section 106A proceedings means proceedings under section 106A. separation order means a decree, not being a decree of dissolution or nullity of marriage or for a judicial separation, having the effect of relieving a party to a marriage from any obligation to cohabit with the other party to the marriage. split court has the meaning given by subsection 27(2). spouse party means: (a) in relation to a financial agreement — a party to the agreement who is a party to the contemplated marriage, marriage or former marriage to which the agreement relates; or (aa) in relation to a termination agreement referred to in paragraph 90J(1)(b) — a party covered by paragraph (a) of this definition in relation to the financial agreement concerned; or (b) in relation to a Part VIIIAB financial agreement — a party to the agreement who is a party to the contemplated de facto relationship, de facto relationship or former de facto relationship to which the agreement relates; or (c) in relation to a Part VIIIAB termination agreement — a party covered by paragraph (b) of this definition in relation to the Part VIIIAB financial agreement concerned. standard Rules of Court means Rules of Court made under this Act.

      State, in Subdivision B of Division 13 of Part VII, includes a Territory.

      State child order means an order made under the law of a State: (a) that (however it is expressed) has the effect of determining the person or persons with whom a child who is under 18 is to live, or that provides for a person or persons to have custody of a child who is under 18; or (b) that (however it is expressed) has the effect of providing for a person or persons to spend time with a child who is under 18; or (c) that (however it is expressed) has the effect of providing for contact between a child who is under 18 and another person or persons, or that provides for a person or persons to have access to a child who is under 18.

      State or Territory proceeds of crime law means a law in force in a State or Territory that is declared by the regulations to be a law that corresponds to the Proceeds of Crime Act 2002. step‑parent, in relation to a child, means a person who: (a) is not a parent of the child; and (b) is, or has been, married to or a de facto partner (within the meaning of section 60EA) of, a parent of the child; and (c) treats, or at any time while married to, or a de facto partner of, the parent treated, the child as a member of the family formed with the parent.

      Subdivision C parenting order, when used in Division 13 of Part VII, means a parenting order to the extent to which it deals with: (a) whom a child is to live with; or (b) whom a child is to spend time with; or (c) who is to be responsible for a child’s day‑to‑day care, welfare and development.

      Territory includes: (a) Norfolk Island; (b) the Territory of Christmas Island; (c) the Territory of Cocos (Keeling) Islands; but does not include any other external Territory. third party, in relation to a financial agreement or Part VIIIAB financial agreement, means a party to the agreement who is not a spouse party. this Act includes the regulations.

      Torres Strait Islander child means a child who is a descendant of the СКАЧАТЬ