Family Law Amendment Act 2024 (Cth)

Family Law Amendment Act 2024 No. 118, 2024 An Act to amend legislation relating to family law, and for related purposes Contents 1 Short title 2 Commencement 3 Schedules Schedule 1—Property reforms Part 1—Property framework Division 1—Main property framework amendments Family Law Act 1975 Division 2—Consequential property framework amendments Family Law Act 1975 Division 3—Application of property framework amendments Part 2—Principles for conducting property or other non‑child‑related proceedings Division 1—Main amendments Family Law Act 1975 Division 2—Other amendments Evidence Act 1995 Part 3—Duty of disclosure and arbitration Division 1—Duty of disclosure Family Law Act 1975 Division 2—Arbitration Family Law Act 1975 Schedule 2—Children's contact services Family Law Act 1975 Schedule 3—Case management and procedure Part 1A—Removing limitation on application for divorce Family Law Act 1975 Part 1—Attending family dispute resolution before applying for Part VII order Family Law Act 1975 Part 2—Attendance at divorce proceedings Family Law Act 1975 Part 3—Commonwealth information orders Family Law Act 1975 Part 4—Operation of section 69GA Family Law Act 1975 Part 5—Protecting sensitive information Division 1—Main amendments Family Law Act 1975 Schedule 4—General provisions Part 1—Costs orders Division 1—Amendments Family Law Act 1975 Division 2—Consequential amendments Family Law Act 1975 Federal Circuit and Family Court of Australia Act 2021 Federal Proceedings (Costs) Act 1981 Division 3—Transitional provisions Division 4—Amendments relating to duty of disclosure Family Law Act 1975 Part 2—Court rule making power for Family Court of a State Family Law Act 1975 Child Support (Assessment) Act 1989 Child Support (Registration and Collection) Act 1988 Part 3—Review of approved methods and factors for valuing superannuation interests Family Law Act 1975 Part 4—Separation declaration requirements Family Law Act 1975 Schedule 5—Review of amendments Family Law Amendment Act 2024 No. 118, 2024 An Act to amend legislation relating to family law, and for related purposes [Assented to 10 December 2024] The Parliament of Australia enacts: 1 Short title This Act is the Family Law Amendment Act 2024. 2 Commencement (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms. Commencement information Column 1 Column 2 Column 3 Provisions Commencement Date/Details 1. Sections 1 to 3 and anything in this Act not elsewhere covered by this table The day this Act receives the Royal Assent. 10 December 2024 2. Schedule 1, Part 1, Division 1 The day after the end of the period of 6 months beginning on the day this Act receives the Royal Assent. 10 June 2025 3. Schedule 1, Part 1, Division 2 Immediately after the commencement of the provisions covered by table item 2. 10 June 2025 4. Schedule 1, Part 1, Division 3 The day after the end of the period of 6 months beginning on the day this Act receives the Royal Assent. 10 June 2025 5. Schedule 1, Parts 2 and 3 The day after the end of the period of 6 months beginning on the day this Act receives the Royal Assent. 10 June 2025 6. Schedule 2 The day after the end of the period of 6 months beginning on the day this Act receives the Royal Assent. 10 June 2025 7A. Schedule 3, Part 1A The day after the end of the period of 6 months beginning on the day this Act receives the Royal Assent. 10 June 2025 7. Schedule 3, Part 1 The day after the end of the period of 6 months beginning on the day this Act receives the Royal Assent. 10 June 2025 8A. Schedule 3, Part 2 The day after the end of the period of 6 months beginning on the day this Act receives the Royal Assent. 10 June 2025 8. Schedule 3, Parts 3 and 4 The day after this Act receives the Royal Assent. 11 December 2024 9. Schedule 3, Part 5, Division 1 The day after the end of the period of 6 months beginning on the day this Act receives the Royal Assent. 10 June 2025 11. Schedule 4, Part 1, Divisions 1 to 3 The day after the end of the period of 6 months beginning on the day this Act receives the Royal Assent. 10 June 2025 12. Schedule 4, Part 1, Division 4 Immediately after the commencement of the provisions covered by table item 5. 10 June 2025 13. Schedule 4, Parts 2 and 3 The day after this Act receives the Royal Assent. 11 December 2024 13A. Schedule 4, Part 4 The day after this Act receives the Royal Assent. 11 December 2024 14. Schedule 5 The day after this Act receives the Royal Assent. 11 December 2024 Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act. (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act. 3 Schedules Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms. Schedule 1—Property reforms Part 1—Property framework Division 1—Main property framework amendments Family Law Act 1975 1 Subsection 4(1) Insert: companion animal means an animal kept by the parties to a marriage or either of them, or the parties to a de facto relationship or either of them, primarily for the purpose of companionship, but does not include: (a) an assistance animal within the meaning of the Disability Discrimination Act 1992; or (b) an animal kept as part of a business; or (c) an animal kept for agricultural purposes; or (d) an animal kept for use in laboratory tests or experiments. 2 Paragraphs 4AB(2)(g) and (h) Repeal the paragraphs, substitute: (g) economic or financial abuse; or 3 After subsection 4AB(2) Insert: (2A) For the purposes of paragraph (2)(g), examples of behaviour that might constitute economic or financial abuse of a family member include (but are not limited to) the following: (a) unreasonably denying the family member the financial autonomy that the family member would otherwise have had, such as by: (i) forcibly controlling the family member's money or assets, including superannuation; or (ii) sabotaging the family member's employment or income or potential employment or income; or (iii) forcing the family member to take on a financial or legal liability, or status; or (iv) forcibly or without the family member's knowledge, accumulating debt in the family member's name; (b) 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); (c) coercing a family member (including by use of threats, physical abuse or emotional or psychological abuse): (i) to give or seek money, assets or other items as dowry; or (ii) to do or agree to things in connection with a practice of dowry; (d) 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. 4 Paragraph 72(1)(a) Omit "and control". 5 At the end of paragraph 72(1)(a) Add "or". 6 Before paragraph 75(2)(a) Insert: (aa) 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 7 Paragraph 75(2)(c) Repeal the paragraph, substitute: (c) 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 8 Paragraph 75(2)(o) Repeal the paragraph. 9 At the end of subsection 75(2) Add: ; and (r) any other fact or circumstance which, in the opinion of the court, the justice of the case requires to be taken into account. 10 Before subsection 79(1) Insert: Orders in property settlement proceedings 11 Subsection 79(1) After "the court may", insert ", subject to subsection (6),". 12 At the end of subsection 79(1) Add: Note: Subsection (6) relates to property that is a companion animal. 13 Subsections 79(1A) to (1C) Repeal the subsections. 14 Subsection 79(2) Omit "shall", substitute "must". 15 After subsection 79(2) Insert: (3) In considering what order (if any) should be made under this section in property settlement proceedings, the court: (a) is to identify: (i) the existing legal and equitable rights and interests in any property of the parties to the marriage or either of them; and (ii) the existing liabilities of the parties to the marriage or either of them; and (b) 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): (i) the considerations set out in subsection (4) (considerations relating to contributions); and (ii) the considerations set out in subsection (5) (considerations relating to current and future circumstances). Note: See subsections (6) and (7) in relation to orders with respect to property that is a companion animal. Considerations relating to contributions 16 Subsection 79(4) Omit "In considering what order (if any) should be made under this section in property settlement proceedings, the court shall take into account:", substitute "For the purposes of subparagraph (3)(b)(i), the court is to take into account the following considerations, so far as they are relevant:". 17 Paragraphs 79(4)(a) and (b) Omit "them; and", substitute "them;". 18 Paragraph 79(4)(c) Omit "parent; and", substitute "parent;". 19 After paragraph 79(4)(c) Insert: (ca) 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); 20 Paragraph 79(4)(d) Omit "and". 21 Paragraph 79(4)(e) Repeal the paragraph. 22 Paragraph 79(4)(f) Omit "and". 23 Paragraph 79(4)(g) Omit ", is to provide, or might be liable to provide in the future,". 24 After subsection 79(4) Insert: Considerations relating to current and future circumstances (5) For the purposes of subparagraph (3)(b)(ii), the court is to take into account the following considerations, so far as they are relevant: (a) 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; (b) the age and state of health of each of the parties to the marriage; (c) 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; (d) 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; (e) 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; (f) 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; (g) 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; (h) the responsibilities of either party to the marriage to support any other person; (i) the eligibility of either party to the marriage for a pension, allowance or benefit under: (i) any law of the Commonwealth, of a State or Territory or of another country; or (ii) any superannuation fund or scheme, whether the fund or scheme was established, or operates, within or outside Australia; (j) 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; (k) 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; (m) 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; (n) the extent to which each party to the marriage has contributed to the income, earning capacity, property and financial resources of the other party; (o) the duration of the marriage and the extent to which it has affected the earning capacity of each party to the marriage; (p) the need to protect a party to the marriage who wishes to continue that party's role as a parent; (q) if either party to the marriage is cohabiting with another person—the financial circumstances relating to the cohabitation; (r) the terms of any order or declaration made, or proposed to be made, under Part VIIIAB in relation to: (i) a party to the marriage; or (ii) a person who is a party to a de facto relationship with a party to the marriage; or (iii) the property of a person covered by subparagraph (i) and of a person covered by subparagraph (ii), or of either of them; or (iv) 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; (t) the terms of any financial agreement that is binding on the parties to the marriage; (u) the terms of any Part VIIIAB financial agreement that is binding on a party to the marriage; (v) any other fact or circumstance which, in the opinion of the court, the justice of the case requires to be taken into account. Considerations relating to companion animals (6) In property settlement proceedings, so far as they are with respect to property that is a companion animal, the court may make an order (including a consent order or an interim order): (a) 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 (ab) that the companion animal be transferred to another person who has consented to the transfer; or (b) that the companion animal be sold. The court may not make any other kind of order under this section with respect to the ownership of the companion animal. Note: For companion animal, see subsection 4(1). (7) In considering what order (if any) should be made under this section with respect to the ownership of property that is a companion animal, the court is to take into account the following considerations, so far as they are relevant: (a) the circumstances in which the companion animal was acquired; (b) who has ownership or possession of the companion animal; (c) the extent to which each party cared for, and paid for the maintenance of, the companion animal; (d) any family violence to which one party has subjected or exposed the other party; (e) any history of actual or threatened cruelty or abuse by a party towards the companion animal; (f) any attachment by a party, or a child of the marriage, to the companion animal; (g) 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; (h) any other fact or circumstance which, in the opinion of the court, the justice of the case requires to be taken into account. 79AA Other matters in relation to alteration of property interests (1) The court must not make an order under this section unless it is satisfied that, in all the circumstances, it is just and equitable to make the order. Enforcement of order after death of party (1A) An order made under section 79 in property settlement proceedings may, after the death of a party to the marriage, be enforced on behalf of, or against, as the case may be, the estate of the deceased party. Adjournment of property settlement proceedings (2) The court may (subject to subsection (2A)) adjourn property settlement proceedings on the terms and conditions the court considers appropriate, for the period the court considers necessary to enable the parties to the marriage to consider the likely effects (if any) of an order under section 79 on the marriage or the children of the marriage. (2A) Subsection (2) does not apply if the parties to the marriage are: (a) parties to concurrent, pending or completed divorce or validity of marriage proceedings; or (b) 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 (c) 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 (d) 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. (3) Nothing in subsection (2) limits any other power of the court to adjourn property settlement proceedings. (4) A party to property settlement proceedings that have been adjourned under subsection (2) may apply to the court for the hearing of the proceedings to be continued if: (a) the period of the adjournment has not expired; and (b) any of the following subparagraphs apply: (i) one or both of the parties to the marriage institutes divorce or validity of marriage proceedings; (ii) 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; (iii) the marriage is annulled under the law of an overseas country and the annulment is recognised as valid in Australia under section 104; (iv) 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. Likely significant change in financial circumstances 25 Subparagraph 90SF(1)(b)(i) Omit "and control". 26 Before paragraph 90SF(3)(a) Insert: (aa) 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 27 Paragraph 90SF(3)(c) Repeal the paragraph, substitute: (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; and 28 Paragraph 90SF(3)(k) Before "de facto", insert "subject". 29 Paragraph 90SF(3)(r) Repeal the paragraph. 30 At the end of subsection 90SF(3) Add: ; and (u) any other fact or circumstance which, in the opinion of the court, the justice of the case requires to be taken into account. 31 Before subsection 90SM(1) Insert: Orders in property settlement proceedings 32 Subsection 90SM(1) After "the court may", insert ", subject to subsection (6),". 33 At the end of subsection 90SM(1) Add: Note 4: Subsection (6) relates to property that is a companion animal. 34 Subsections 90SM(2) and (3) Repeal the subsections, substitute: (2) The court must not make an order under this section unless it is satisfied that, in all the circumstances, it is just and equitable to make the order. (3) In considering what order (if any) should be made under this section in property settlement proceedings, the court: (a) is to identify: (i) the existing legal and equitable rights and interests in any property of the parties to the de facto relationship or either of them; and (ii) the existing liabilities of the parties to the de facto relationship or either of them; and (b) 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): (i) the considerations set out in subsection (4) (considerations relating to contributions); and (ii) the considerations set out in subsection (5) (considerations relating to current and future circumstances). Note: See subsections (6) and (7) in relation to orders with respect to property that is a companion animal. Considerations relating to contributions 35 Subsection 90SM(4) Omit "In considering what order (if any) should be made under this section in property settlement proceedings, the court must take into account:", substitute "For the purposes of subparagraph (3)(b)(i), the court is to take into account the following considerations, so far as they are relevant:". 36 Paragraphs 90SM(4)(a) and (b) Omit "them; and", substitute "them;". 37 Paragraph 90SM(4)(c) Omit "parent; and", substitute "parent;". 38 After paragraph 90SM(4)(c) Insert: (ca) 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); 39 Paragraph 90SM(4)(d) Omit "and". 40 Paragraph 90SM(4)(e) Repeal the paragraph. 41 Paragraph 90SM(4)(f) Omit "and". 42 Paragraph 90SM(4)(g) Omit ", is to provide, or might be liable to provide in the future,". 43 After subsection 90SM(4) Insert: Considerations relating to current and future circumstances (5) For the purposes of subparagraph (3)(b)(ii), the court is to take into account the following considerations, so far as they are relevant: (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; (b) the age and state of health of each of the parties to the subject de facto relationship; (c) 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; (d) 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; (e) 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; (f) 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; (g) 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; (h) the responsibilities of either party to the subject de facto relationship to support any other person; (i) the eligibility of either party to the subject de facto relationship for a pension, allowance or benefit under: (i) any law of the Commonwealth, of a State or Territory or of another country; or (ii) any superannuation fund or scheme, whether the fund or scheme was established, or operates, within or outside Australia; (j) 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; (k) 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; (m) 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; (n) 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; (o) 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; (p) the need to protect a party to the de facto relationship who wishes to continue that party's role as a parent; (q) if either party to the subject de facto relationship is cohabiting with another person—the financial circumstances relating to the cohabitation; (r) the terms of any order or declaration made, or proposed to be made, under this Part in relation to: (i) a party to the subject de facto relationship (in relation to another de facto relationship); or (ii) a person who is a party to another de facto relationship with a party to the subject de facto relationship; or (iii) the property of a person covered by subparagraph (i) and of a person covered by subparagraph (ii), or of either of them; or (iv) vested bankruptcy property in relation to a person covered by subparagraph (i) or (ii); (s) the terms of any order or declaration made, or proposed to be made, under Part VIII in relation to: (i) a party to the subject de facto relationship; or (ii) a person who is party to a marriage with a party to the subject de facto relationship; or (iii) the property of a person covered by subparagraph (i) and of a person covered by subparagraph (ii), or of either of them; or (iv) 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; (u) the terms of any Part VIIIAB financial agreement that is binding on either or both of the parties to the subject de facto relationship; (v) the terms of any financial agreement that is binding on a party to the subject de facto relationship; (w) any other fact or circumstance which, in the opinion of the court, the justice of the case requires to be taken into account. Considerations relating to companion animals (6) In property settlement proceedings, so far as they are with respect to property that is a companion animal, the court may make an order (including a consent order or an interim order): (a) 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 (ab) that the companion animal be transferred to another person who has consented to the transfer; or (b) that the companion animal be sold. The court may not make any other kind of order under this section with respect to the ownership of the companion animal. Note: For companion animal, see subsection 4(1). (7) In considering what order (if any) should be made under this section with respect to the ownership of property that is a companion animal, the court is to take into account the following considerations, so far as they are relevant: (a) the circumstances in which the companion animal was acquired; (b) who has ownership or possession of the companion animal; (c) the extent to which each party cared for, and paid for the maintenance of, the companion animal; (d) any family violence to which one party has subjected or exposed the other party; (e) any history of actual or threatened cruelty or abuse by a party towards the companion animal; (f) any attachment by a party, or a child of the de facto relationship, to the companion animal; (g) 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; (h) any other fact or circumstance which, in the opinion of the court, the justice of the case requires to be taken into account. 90SMA Other matters in relation to alteration of property interests (1) The court must not make an order under this section unless it is satisfied that, in all the circumstances, it is just and equitable to make the order. Enforcement of order after death of party (2) If a party to the de facto relationship dies after the breakdown of the de facto relationship, an order made under section 90SM in property settlement proceedings may be enforced on behalf of, or against, as the case may be, the estate of the deceased party. Likely significant change in financial circumstances 43A After paragraph 90YZD(4)(c) Insert: (ca) 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); 44 Subparagraph 90YZD(4)(e)(iii) Repeal the subparagraph, substitute: (iii) 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; 44A Subparagraph 90YZD(4)(e)(xi) Omit "and". 44B At the end of paragraph 90YZD(4)(e) Add: (xii) 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); (xiii) 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; (xiv) 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 Division 2—Consequential property framework amendments Family Law Act 1975 45 Before subsection 79AA(8) Insert: Death of party before property settlement proceedings complete 46 Before subsection 79AA(9) Insert: Attendance of parties at conference etc. before orders made 47 Subsection 79AA(9) Omit "this section", substitute "section 79". 48 Before subsection 79AA(10) Insert: