Family Law Act. Australia

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СКАЧАТЬ Examples of behaviour that may constitute family violence include (but are not limited to): (a) an assault; or (b) a sexual assault or other sexually abusive behaviour; or (c) stalking; or (d) repeated derogatory taunts; or (e) intentionally damaging or destroying property; or (f) intentionally causing death or injury to an animal; or (g) unreasonably denying the family member the financial autonomy that he or she would otherwise have had; or (h) unreasonably withholding financial support needed to meet the reasonable living expenses of the family member, or his or her child, at a time when the family member is entirely or predominantly dependent on the person for financial support; or (i) preventing the family member from making or keeping connections with his or her family, friends or culture; or (j) unlawfully depriving the family member, or any member of the family member’s family, of his or her liberty.

      (3) For the purposes of this Act, a child is exposed to family violence if the child sees or hears family violence or otherwise experiences the effects of family violence.

      (4) Examples of situations that may constitute a child being exposed to family violence include (but are not limited to) the child: (a) overhearing threats of death or personal injury by a member of the child’s family towards another member of the child’s family; or (b) seeing or hearing an assault of a member of the child’s family by another member of the child’s family; or (c) comforting or providing assistance to a member of the child’s family who has been assaulted by another member of the child’s family; or (d) cleaning up a site after a member of the child’s family has intentionally damaged property of another member of the child’s family; or (e) being present when police or ambulance officers attend an incident involving the assault of a member of the child’s family by another member of the child’s family.

      4A Third party proceedings to set aside financial agreement (1) For the purposes of paragraph (eab) of the definition of matrimonial cause in subsection 4(1), third party proceedings means proceedings between: (a) any combination of: (i) the parties to a financial 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); and (b) any of the following: (i) a creditor; (ii) if a creditor is an individual who has died — the legal personal representative of the creditor; (iii) a government body acting in the interests of a creditor; being proceedings for the setting aside of the financial agreement on the ground specified in paragraph 90K(1)(aa).

      (1A) For the purposes of paragraph (eab) of the definition of matrimonial cause in subsection 4(1), third party proceedings also means proceedings between: (a) any combination of: (i) the parties to a financial 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); and (b) either: (i) another person who is a party to a de facto relationship with one of the spouse parties to the financial agreement; or (ii) the legal personal representative of that other person if that person has died; being proceedings for the setting aside of the financial agreement on the ground specified in paragraph 90K(1)(ab).

      (2) In this section: creditor means: (a) a creditor of a party to the financial agreement; or (b) a person who, at the commencement of the proceedings, could reasonably have been foreseen by the court as being reasonably likely to become a creditor of a party to the financial agreement. government body means: (a) the Commonwealth, a State or a Territory; or (b) an official or authority of the Commonwealth, a State or a Territory.

      4B Third party proceedings to set aside Part VIIIAB financial agreement (1) For the purposes of paragraph (f) of the definition of de facto financial cause in subsection 4(1), third party proceedings means proceedings between: (a) any combination of: (i) the parties to a Part VIIIAB financial 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); and (b) any of the following: (i) a creditor; (ii) if a creditor is an individual who has died — the legal personal representative of the creditor; (iii) a government body acting in the interests of a creditor; being proceedings for the setting aside of the Part VIIIAB financial agreement on the ground specified in paragraph 90UM(1)(b).

      (2) For the purposes of paragraph (f) of the definition of de facto financial cause in subsection 4(1), third party proceedings also means proceedings between: (a) any combination of: (i) the parties to a Part VIIIAB financial 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); and (b) either: (i) another person who is a party to a de facto relationship with one of the spouse parties to the Part VIIIAB financial agreement; or (ii) the legal personal representative of that other person if that person has died; being proceedings for the setting aside of the Part VIIIAB financial agreement on the ground specified in paragraph 90UM(1)(c).

      (3) For the purposes of paragraph (f) of the definition of de facto financial cause in subsection 4(1), third party proceedings also means proceedings between: (a) any combination of: (i) the parties to a Part VIIIAB financial 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); and (b) either: (i) another person who is a party to a marriage with one of the spouse parties to the Part VIIIAB financial agreement; or (ii) the legal personal representative of that other person if that person has died; being proceedings for the setting aside of the Part VIIIAB financial agreement on the ground specified in paragraph 90UM(1)(d).

      (4) In this section: creditor means: (a) a creditor of a party to the Part VIIIAB financial agreement; or (b) a person who, at the commencement of the proceedings, could reasonably have been foreseen by the court as being reasonably likely to become a creditor of a party to the Part VIIIAB financial agreement. government body means: (a) the Commonwealth, a State or a Territory; or (b) an official or authority of the Commonwealth, a State or a Territory.

      4C Meaning of proceeds of crime authority Scope (1) This section sets out the meaning of proceeds of crime authority in relation to: (a) a restraining order or a forfeiture order, or an application for a forfeiture order, under the Proceeds of Crime Act 2002 (or any proceedings, orders, powers, functions or duties under this Act related to, or arising out of, such an order or application); and (b) a freezing order under the Proceeds of Crime Act 2002 (or any proceedings, orders, powers, functions or duties under this Act related to, or arising out of, such a freezing order); and (c) a proceeds of crime order, or an application for a forfeiture order, under a State or Territory proceeds of crime law (or any proceedings, orders, powers, functions or duties under this Act related to, or arising out of, such an order or application).

      Note: Freezing orders, restraining orders and forfeiture orders made under the Proceeds of Crime Act 2002 or a State or Territory proceeds of crime law are proceeds of crime orders (see subsection 4(1)).

      Commonwealth proceeds of crime authorities (2) For the purposes of paragraph (1)(a), proceeds of crime authority means the responsible authority for the relevant restraining order, forfeiture order or forfeiture application under the Proceeds of Crime Act 2002.

      Note: Under that Act, the responsible authority is the Commissioner of the Australian Federal Police or the Director of Public Prosecutions (see the definitions of responsible authority and proceeds of crime authority in section 338 of that Act). Responsibility can be transferred between these authorities (see section 315B of that Act).

      (3) For the purposes of paragraph (1)(b), proceeds of crime authority means: (a) the СКАЧАТЬ