Commonwealth: Family Law Act 1975 (Cth)

Family Law Act 1975 No. 53, 1975 Compilation No. 100 Compilation date: 11 December 2024 Includes amendments: Act No. 118, 2024 This compilation is in 2 volumes Volume 1: sections 1–90 Volume 2: sections 90AA–125 Schedule Endnotes Each volume has its own contents About this compilation This compilation This is a compilation of the Family Law Act 1975 that shows the text of the law as amended and in force on 11 December 2024 (the compilation date). The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law. Uncommenced amendments The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law. Application, saving and transitional provisions for provisions and amendments If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes. Editorial changes For more information about any editorial changes made in this compilation, see the endnotes. Modifications If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law. Self‑repealing provisions If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes. Contents Part I—Preliminary 1 Short title 2 Commencement 3 Repeal and saving 4 Interpretation 4AA De facto relationships 4AB Definition of family violence etc. 4A Third party proceedings to set aside financial agreement 4B Third party proceedings to set aside Part VIIIAB financial agreement 4C Meaning of proceeds of crime authority 5 Debtor subject to a personal insolvency agreement 6 Polygamous marriages 7 Extension of Act to certain Territories 7A Application of the Criminal Code 8 Supersession of existing laws Part IA—Protection of names 9A Use of protected names and symbols Part II—Non‑court based family services Division 1—Accreditation of family counsellors, family dispute resolution practitioners and other family service providers 10A Accreditation Rules Division 2—Family counselling 10B Definition of family counselling 10C Definition of family counsellor 10D Confidentiality of communications in family counselling 10E Admissibility of communications in family counselling and in referrals from family counselling Division 3—Family dispute resolution 10F Definition of family dispute resolution 10G Definition of family dispute resolution practitioner 10H Confidentiality of communications in family dispute resolution 10J Admissibility of communications in family dispute resolution and in referrals from family dispute resolution 10K Family dispute resolution practitioners must comply with regulations Division 4—Arbitration 10L Definition of arbitration 10M Definition of arbitrator 10N Arbitrators may charge fees for their services 10P Immunity of arbitrators Division 5—Post‑separation parenting programs 10PA Admissibility of communications in post‑separation parenting programs Part IIA—Family safety risk screening Division 1—Preliminary 10Q Simplified outline of this Part 10R Definition of family safety risk screening person 10S Definition of family safety risk screening information 10T Definition of family safety risk screening process Division 2—Protection of family safety risk screening information 10U Confidentiality of family safety risk screening information 10V Admissibility of family safety risk screening information etc. 10W Immunity of family safety risk screening persons Part III—Family consultants Division 1—About family consultants 11A Functions of family consultants 11B Definition of family consultant 11C Admissibility of communications with family consultants and referrals from family consultants 11D Immunity of family consultants Division 2—Courts' use of family consultants 11E Courts to consider seeking advice from family consultants 11F Court may order parties to attend, or arrange for child to attend, appointments with a family consultant 11G Consequences of failure to comply with order under section 11F Part IIIAA—Family report writers 11H Family report writers 11J Designated family reports 11K Regulations prescribing standards and requirements for family report writers 11L Disclosure by court to regulator 11M Immunity of regulator Part IIIA—Obligations to inform people about non‑court based family services and about court's processes and services Division 1—Introduction 12A Objects of this Part Division 2—Kind of information to be provided 12B Prescribed information about non‑court based family services and court's processes and services 12C Prescribed information about reconciliation 12D Prescribed information about Part VII proceedings Division 3—Who must provide information, and when 12E Obligations on legal practitioners 12F Obligations on principal executive officers of courts 12G Obligations on family counsellors, family dispute resolution practitioners and arbitrators Part IIIB—Court's powers in relation to court and non‑court based family services Division 1—Introduction 13A Objects of this Part Division 2—Help with reconciliation 13B Court to accommodate possible reconciliations Division 3—Referrals to family counselling, family dispute resolution and other family services 13C Court may refer parties to family counselling, family dispute resolution and other family services 13D Consequences of failure to comply with order under section 13C Division 4—Court's role in relation to arbitration of disputes 13E Court may refer Part VIII proceedings or Part VIIIAB proceedings to arbitration 13F Court may make orders to facilitate arbitration of certain disputes 13G Federal Circuit and Family Court of Australia may determine questions of law referred by arbitrator 13H Awards made in arbitration may be registered in court 13J Federal Circuit and Family Court of Australia can review registered awards 13K Federal Circuit and Family Court of Australia may set aside registered awards Part V—Jurisdiction of courts Division 1—Jurisdiction in matrimonial causes 39 Jurisdiction in matrimonial causes Division 2—Jurisdiction in de facto financial causes 39A Instituting proceedings 39B Jurisdiction in de facto financial causes 39C Ceasing jurisdiction of Supreme Court of the Northern Territory of Australia 39D Ceasing jurisdiction of State or Territory courts of summary jurisdiction 39E Revoking Proclamations ceasing jurisdiction of State or Territory courts 39F Territory court does not have jurisdiction unless a party is ordinarily resident in the Territory 39G Jurisdiction in relation to transferred matters under other Commonwealth laws Division 2A—Jurisdiction in matters arising under Part VIIIC 39H Instituting proceedings 39J Jurisdiction in matters arising under Part VIIIC Division 3—Other provisions 40 Limitations on jurisdiction of Federal Circuit and Family Court of Australia (Division 2) and of State and Territory Supreme Courts 41 Establishment of State Family Courts 42 Law to be applied 43 Principles to be applied by courts 44 Institution of proceedings 44A Proceedings for divorce order 45 Stay and transfer of proceedings 46 Transfer of proceedings from court of summary jurisdiction in certain cases 46A Prescribing value of property for the purposes of section 46 47 Courts to act in aid of each other Division 4—Appeals 47A Appeals from courts of summary jurisdiction 47B Leave to appeal needed for child support matters 47BA Appeals relating to matters arising under Part VIIIC 47C Appeal may be dismissed if no reasonable prospect of success 47D Appeals to High Court may not be brought 47E Regulations to be sole source of certain appellate jurisdiction Part VI—Divorce and nullity of marriage 48 Divorce 49 Meaning of separation 50 Effect of resumption of cohabitation 51 Nullity of marriage 52 Court not to make divorce order where application for decree of nullity before it 53 Circumstances occurring before commencement of Act or outside Australia 55 When divorce order takes effect 55A Divorce order where children 56 Certificate as to divorce order 57 Rescission of divorce order where parties reconciled 58 Rescission of divorce order on ground of miscarriage of justice 59 Remarriage 60 No appeal after divorce order takes effect Part VII—Children Division 1—Introductory Subdivision A—What this Division does 60A What this Division does Subdivision B—Object and outline 60B Objects of Part 60C Outline of Part Subdivision BA—Best interests of the child: court proceedings 60CA Child's best interests paramount consideration in making a parenting order 60CB Proceedings to which Subdivision applies 60CC How a court determines what is in a child's best interests 60CD How the views of a child are expressed 60CE Children not required to express views 60CF Informing court of relevant family violence orders 60CG Court to consider risk of family violence 60CH Informing court of care arrangements under child welfare laws 60CI Informing court of notifications to, and investigations by, information sharing agencies Subdivision BB—Best interests of the child: adviser's obligations 60D Adviser's obligations in relation to best interests of the child Subdivision C—Interpretation and application of Part 60E Application of Part to void marriages Subdivision D—Interpretation—how this Act applies to certain children 60EA Definition of de facto partner 60F Certain children are children of marriage etc. 60G Leave may be granted for adoption proceedings by prescribed adopting parent 60H Children born as a result of artificial conception procedures 60HA Children of de facto partners 60HB Children born under surrogacy arrangements Subdivision E—Family dispute resolution 60I Attending family dispute resolution before applying for Part VII order 60J Family dispute resolution not attended because of child abuse or family violence Division 2—Parental responsibility 61A What this Division does 61B Meaning of parental responsibility 61C Each parent has parental responsibility (subject to court orders) 61CA Consultation between parents on major long‑term issues 61D Parenting orders and parental responsibility 61DAA Effect of parenting order that provides for joint decision‑making about major long‑term issues 61DAB No need to consult on issues that are not major long‑term issues 61E Effect of adoption on parental responsibility 61F Application to Aboriginal or Torres Strait Islander children Division 3—Reports relating to children under 18 62A What this Division does 62B Court's obligation to inform people to whom Part VII orders apply about family counselling, family dispute resolution and other family services 62G Reports by family consultants Division 4—Parenting plans 63A What this Division does 63B Parents encouraged to reach agreement 63C Meaning of parenting plan and related terms 63CAA Parenting plans may include child support provisions 63D Parenting plan may be varied or revoked by further written agreement 63DA Obligations of advisers 63DB Registered parenting plans 63E Registration of a revocation of a registered parenting plan 63F Child welfare provisions of registered parenting plans 63G Child maintenance provisions of registered parenting plans—where not enforceable as maintenance agreements 63H Court's powers to set aside, discharge, vary, suspend or revive registered parenting plans Division 5—Parenting orders—what they are 64A What this Division does 64B Meaning of parenting order and related terms 64C Parenting orders may be made in favour of parents or other persons 64D Parenting orders subject to later parenting plans Division 6—Parenting orders other than child maintenance orders Subdivision A—Introductory 65A What this Division does 65AA Child's best interests paramount consideration in making a parenting order 65B Division does not apply to child maintenance orders Subdivision B—Applying for and making parenting orders 65C Who may apply for a parenting order 65D Court's power to make parenting order 65DAAA Reconsideration of final parenting orders 65DAB Court to have regard to parenting plans 65DA Parenting orders 65F General requirements for counselling before parenting order made 65G Special conditions for making parenting order about whom a child lives with or the allocation of parental responsibility by consent in favour of non‑parent 65H Children who are 18 or over or who have married or entered de facto relationships 65J Effect of adoption on parenting order 65K What happens when parenting order that deals with whom a child lives with does not make provision in relation to death of parent with whom child lives 65L Family consultants may be required to supervise or assist compliance with parenting orders 65LA Court may order attendance at a post‑separation parenting program 65LB Conditions for providers of post‑separation parenting programs Subdivision E—Obligations under parenting orders relating to taking or sending children from Australia 65X Interpretation 65Y Obligations if certain parenting orders have been made: taking or sending a child outside Australia 65YA Obligations if certain parenting orders have been made: retaining a child outside Australia 65Z Obligations if proceedings for the making of certain parenting orders are pending: taking or sending a child outside Australia 65ZAA Obligations if proceedings for the making of certain parenting orders are pending: retaining a child outside Australia 65ZA Obligations of owners etc. of aircraft and vessels if certain parenting orders made 65ZB Obligations of owners etc. of aircraft and vessels if proceedings for the making of certain parenting orders are pending 65ZC General provisions applicable to sections 65ZA and 65ZB 65ZD State or Territory laws stopping children leaving Australia not affected 65ZE Extended geographical jurisdiction—category D Division 7—Child maintenance orders Subdivision A—What this Division does 66A What this Division does Subdivision B—Objects and principles 66B Objects 66C Principles—parents have primary duty to maintain 66D Principles—when step‑parents have a duty to maintain Subdivision C—Relationship with Child Support (Assessment) Act 66E Child maintenance order not to be made etc. if application for administrative assessment of child support could be made Subdivision D—Applying for and making child maintenance orders 66F Who may apply for a child maintenance order 66G Court's power to make child maintenance order 66H Approach to be taken in proceedings for child maintenance order 66J Matters to be taken into account in considering financial support necessary for maintenance of child 66K Matters to be taken into account in determining contribution that should be made by party etc. 66L Children who are 18 or over 66M When step‑parents have a duty to maintain 66N Determining financial contribution of step‑parent Subdivision E—Other aspects of courts' powers 66P General powers of court 66Q Urgent child maintenance orders 66R Specification in orders of payments etc. for child maintenance purposes 66S Modification of child maintenance orders Subdivision EA—Varying the maintenance of certain children 66SA Varying the maintenance of certain children Subdivision F—When child maintenance orders stop being in force 66T Effect of child turning 18 66U Effect of death of child, person liable to pay or person entitled to receive 66V Effect of adoption, marriage or entering into a de facto relationship 66VA Children who are 18 or over: change of circumstances 66W Recovery of arrears Subdivision G—Recovery of amounts paid under maintenance orders 66X Recovery of amounts paid, and property transferred or settled, under maintenance orders Division 8—Other matters relating to children Subdivision A—What this Division does 67A What this Division does Subdivision B—Father's liability to contribute towards child bearing expenses if not married to mother 67B Father liable to contribute towards maintenance and expenses of mother 67C Matters to be taken into account in proceedings under Subdivision 67D Powers of court in proceedings under Subdivision 67E Urgent orders 67F Who may institute proceedings 67G Time limit for institution of proceedings Subdivision C—Location and recovery of children 67J Meaning of location order and Commonwealth information order 67K Who may apply for a location order 67L Child's best interests paramount consideration in making a location order 67M Provisions about location orders, other than Commonwealth information orders 67N Provisions about Commonwealth information orders 67NA Persons who are related to a child for the purposes of paragraph 67N(9)(b) 67P Information provided under location order not to be disclosed except to limited persons 67Q Meaning of recovery order 67R How recovery orders authorise or direct people 67S How recovery orders to stop and search etc. name or describe vehicles, places etc. 67T Who may apply for a recovery order 67U Court's power to make recovery order 67V Child's best interests paramount consideration in making a recovery order 67W How long recovery order remains in force 67X Persons not to prevent or hinder taking of action under recovery order 67Y Obligation to notify persons of child's return Subdivision D—Allegations of child abuse and family violence 67Z Where interested person makes allegation of child abuse 67ZA Where member of the Court personnel, family counsellor, family dispute resolution practitioner or arbitrator suspects child abuse etc. 67ZB No liability for notification under section 67Z or 67ZA 67ZBA Where interested person makes allegation of family violence 67ZBB Court to take prompt action in relation to allegations of child abuse or family violence Subdivision DA—Orders for information etc. in child‑related proceedings 67ZBC Meaning of information sharing agency 67ZBD Order to provide particulars of documents or information relating to certain matters 67ZBE Order to provide documents or information relating to certain matters 67ZBF Disclosure of protected material 67ZBG Advice to court about risk of disclosure 67ZBH Admission of particulars, documents or information into evidence 67ZBI Information sharing agencies and court must have regard to information sharing safeguards 67ZBJ When orders may be made 67ZBK Subpoena in respect of certain documents or information 67ZBL Review of provisions Subdivision E—Other orders about children 67ZC Orders relating to welfare of children 67ZD Orders for delivery of travel documents Division 9—Injunctions 68A What this Division does 68B Injunctions 68C Powers of arrest Division 10—Independent representation of child's interests 68L Court order for independent representation of child's interests 68LA Role of independent children's lawyer 68M Order that child be made available for examination Division 11—Family violence 68N Purposes of this Division 68P Obligations of court making an order or granting an injunction under this Act that is inconsistent with an existing family violence order 68Q Relationship of order or injunction made under this Act with existing inconsistent family violence order 68R Power of court making a family violence order to revive, vary, discharge or suspend an existing order, injunction or arrangement under this Act 68S Application of Act and Rules when exercising section 68R power 68T Special provisions relating to proceedings to make an interim (or interim variation of) family violence order Division 12—Proceedings and jurisdiction Subdivision A—What this Division does 69A What this Division does Subdivision B—Institution of proceedings and procedure 69B Certain proceedings to be instituted only under this Part 69C Who may institute proceedings 69D Institution of maintenance proceedings by authorised authority or person 69E Child or parent to be present in Australia etc. 69F Applicant may be in contempt Subdivision C—Jurisdiction of courts 69G Interpretation 69GA Jurisdiction of prescribed courts etc. 69H Jurisdiction of Federal Circuit and Family Court of Australia (Division 2), State Family Courts and Northern Territory Supreme Court 69J Jurisdiction of courts of summary jurisdiction 69K Territory court does not have jurisdiction unless a party is ordinarily resident in the Territory 69L Jurisdiction in relation to transferred matters under other Commonwealth laws 69M Jurisdiction is additional to other jurisdiction 69N Transfer of proceedings from courts of summary jurisdiction in certain cases Subdivision D—Presumptions of parentage 69P Presumptions of parentage arising from marriage 69Q Presumption of paternity arising from cohabitation 69R Presumption of parentage arising from registration of birth 69S Presumptions of parentage arising from findings of courts 69T Presumption of paternity arising from acknowledgments 69U Rebuttal of presumptions etc. Subdivision E—Parentage evidence 69V Evidence of parentage 69VA Declarations of parentage 69W Orders for carrying out of parentage testing procedures 69X Orders associated with parentage testing orders 69XA Matters related particularly to parentage testing for purposes of an international agreement or arrangement 69Y Orders directed to persons 18 or over 69Z Orders directed to children under 18 69ZA No liability if parent etc. consents 69ZB Regulations about carrying out, and reporting on, parentage testing procedures 69ZC Reports of information obtained may be received in evidence 69ZD Parentage testing for purposes of international maintenance agreements Subdivision F—Extension, application and additional operation of Part 69ZE Extension of Part to the States 69ZF Unless declaration in force, Part's extension to a State has effect subject to modifications 69ZG Application of Part in, and in relation to, Territories 69ZH Additional application of Part 69ZJ Additional jurisdiction of courts 69ZK Child welfare laws not affected Subdivision G—Short form reasons for decisions relating to interim parenting orders 69ZL Short form reasons for decisions relating to interim parenting orders Division 12A—Principles for conducting child‑related proceedings Subdivision A—Proceedings to which this Division applies 69ZM Proceedings to which this Division applies Subdivision B—Principles for conducting child‑related proceedings 69ZN Principles for conducting child‑related proceedings 69ZO This Division also applies to proceedings in Chambers 69ZP Powers under this Division may be exercised on court's own initiative Subdivision C—Duties and powers related to giving effect to the principles 69ZQ General duties 69ZR Power to make determinations, findings and orders at any stage of proceedings 69ZS Use of family consultants Subdivision D—Matters relating to evidence 69ZT Rules of evidence not to apply unless court decides 69ZV Evidence of children 69ZX Court's general duties and powers relating to evidence Division 13—State, Territory and overseas orders Subdivision A—What this Division does 70A What this Division does Subdivision B—Registration of State and Territory orders 70C General registration of orders made under law of prescribed State 70D Registration of orders in a particular State 70E Effect of registration Subdivision C—Registration of overseas orders 70G Registration of orders 70H Effect of registration—general 70J Effect of registration on exercise of jurisdiction 70K Cancellation of registration if Subdivision C parenting order made 70L Relationship between Australian orders and registered overseas child orders Subdivision D—Transmission of Australian orders to overseas jurisdictions 70M Registry Manager to send documents etc. to overseas jurisdiction 70N Regulations may deal with sending Australian orders etc. to overseas jurisdiction Division 13A—Orders in proceedings relating to contraventions of child‑related orders Subdivision A—Preliminary 70NAA Simplified outline 70NAB Objects 70NAC Meaning of contravene a child‑related order 70NAD Meaning of reasonable excuse for contravening a child‑related order 70NADA Burden of proof in relation to reasonable excuse 70NAE Standard of proof Subdivision B—Orders relating to contraventions of child‑related orders 70NBA Court may make orders in proceedings relating to contravention of child‑related orders 70NBB Make‑up time parenting orders 70NBC Variation and suspension of child‑related orders that are parenting orders 70NBD Post‑separation parenting programs 70NBF Orders where contravention established without reasonable excuse Subdivision C—Further provisions relating to bonds and imprisonment 70NCA Matters relating to bonds 70NCB Procedure for enforcing bonds 70NCC Matters relating to imprisonment 70NCD Powers of court in relation to imprisoned person 70NCE Rules relating to child maintenance orders and child support Subdivision D—Miscellaneous 70NDA Court may issue warrant for arrest of alleged offender 70NDB Relationship between Division and prosecutions for offences under other laws 70NDC Division does not limit operation of section 105 Division 14—Miscellaneous Subdivision A—What this Division does 70P What this Division does Subdivision B—Dealing with people who have been arrested 70PA Situation to which Subdivision applies 70PB Arrested person to be brought before a court 70PC Obligation of court—where application before it to deal with contravention 70PD Obligation of court—where no application before it, but application before another court, to deal with contravention 70PE Obligation of court—where no application before any court to deal with contravention 70PF Applications heard as required by subsection 70PC(2) or paragraph 70PD(3)(b) Subdivision C—Other matters 70Q Certain instruments not liable to duty Part VIII—Property, spousal maintenance and maintenance agreements 71 Interpretation 71A This Part does not apply to certain matters covered by binding financial agreements 72 Right of spouse to maintenance 74 Power of court in spousal maintenance proceedings 75 Matters to be taken into consideration in relation to spousal maintenance 77 Urgent spousal maintenance cases 77A Specification in orders of payments etc. for spouse maintenance purposes 78 Declaration of interests in property 79 Alteration of property interests 79A Setting aside of orders altering property interests 79B Notification of proceeds of crime orders etc. 79C Court to stay property or spousal maintenance proceedings affected by proceeds of crime orders etc. 79D Lifting a stay 79E Intervention by proceeds of crime authority 79F Notifying third parties about application 79G Notifying bankruptcy trustee etc. about application under section 74, 78, 79 or 79A 79H Notifying court about bankruptcy etc. 79J Notifying non‑bankrupt spouse about application under section 139A of the Bankruptcy Act 1966 80 General powers of court 81 Duty of court to end financial relations 82 Cessation of spousal maintenance orders 83 Modification of spousal maintenance orders 85A Ante‑nuptial and post‑nuptial settlements 86A Certain maintenance agreements ineffective 86 Registered maintenance agreements 87 Operation of maintenance agreements entered into in substitution for rights under Act 87A Specification in maintenance agreements of payments etc. for maintenance purposes 88 Enforcement of maintenance agreements 89 Overseas maintenance agreements 89A Institution of spousal maintenance proceedings by authority or person 90 Certain instruments not liable to duty An Act relating to Marriage and to Divorce and Matrimonial Causes and, in relation thereto and otherwise, Parental Responsibility for Children, and to financial matters arising out of the breakdown of de facto relationships and to certain other Matters Part I—Preliminary 1 Short title This Act may be cited as the Family Law Act 1975. 2 Commencement This Act shall come into operation on a date to be fixed by Proclamation. 3 Repeal and saving (1) The Matrimonial Causes Act 1959, the Matrimonial Causes Act 1965 and the Matrimonial Causes Act 1966 are repealed. (2) Notwithstanding the repeal effected by subsection (1): (a) the validity of a decree made before the commencement of the Matrimonial Causes Act 1959 by virtue of the Imperial Act entitled the Matrimonial Causes (War Marriages) Act, 1944 or Part I of the Matrimonial Causes (War Marriages) Act 1947 of New Zealand and in force immediately before the commencement of this Act shall continue to be recognised in all courts in Australia; (b) a decree of the Supreme Court of a State or Territory made before the commencement of the Matrimonial Causes Act 1959 in the exercise of jurisdiction invested or conferred by the Matrimonial Causes Act 1945, or that Act as amended by the Matrimonial Causes Act 1955, and in force immediately before the commencement of this Act shall continue to have effect throughout Australia; and (c) a decree of the Supreme Court, or of a court of summary jurisdiction, of a State or Territory: (i) made before the commencement of this Act in the exercise of jurisdiction invested or conferred by the repealed Act, or in a matrimonial cause or proceedings for a separation order instituted under the law of that State or Territory, being a decree that was in force immediately before the commencement of this Act; or (ii) made after the commencement of this Act in proceedings to which subsection 9(1) applied; shall have, or continue to have, effect throughout Australia, and, except in the case of: (iii) a decree of nullity of marriage made on the ground that the marriage was voidable; (iv) a decree of judicial separation; (v) a decree of restitution of conjugal rights; (vi) a decree of jactitation of marriage; or (vii) a separation order; this Act applies to and in relation to the decree as if the decree had been made under this Act. (3) For the purposes of paragraph (2)(c), a purported decree to which section 5 of the Matrimonial Causes Act 1971 applied made in a State shall be deemed to be a decree of the Supreme Court of that State made in the exercise of jurisdiction invested by the repealed Act. 4 Interpretation (1) In this Act and the applicable Rules of Court: Aboriginal child means a child who is a descendant of the Aboriginal people of Australia. Aboriginal or Torres Strait Islander culture in relation to a child: (a) means the culture of the Aboriginal or Torres Strait Islander community or communities to which the child belongs; and (b) includes Aboriginal or Torres Strait Islander lifestyle and traditions of that community or communities. abuse, in relation to a child, means: (a) an assault, including a sexual assault, of the child; or (b) a person (the first person) involving the child in a sexual activity with the first person or another person in which the child is used, directly or indirectly, as a sexual object by the first person or the other person, and where there is unequal power in the relationship between the child and the first person; or (c) causing the child to suffer serious psychological harm, including (but not limited to) when that harm is caused by the child being subjected to, or exposed to, family violence; or (d) serious neglect of the child. Accreditation Rules means regulations made under section 10A. adopted, in relation to a child, means adopted under the law of any place (whether in or out of Australia) relating to the adoption of children. alleged contravention, in Subdivision B of Division 14 of Part VII, means the alleged contravention because of which the alleged offender is arrested. alleged offender, in Subdivision B of Division 14 of Part VII, means the person who is arrested. applicable Rules of Court: (a) in relation to the Federal Circuit and Family Court of Australia (Division 1)—means the Federal Circuit and Family Court of Australia (Division 1) Rules; and (b) in relation to the Federal Circuit and Family Court of Australia (Division 2)—means the related Federal Circuit and Family Court of Australia (Division 2) Rules; and (ba) in relation to a Family Court of a State—means: (i) if Rules of Court made under section 123A are in force for the purposes of that Court—those Rules of Court; or (ii) if subparagraph (i) does not apply—the standard Rules of Court; and (c) in relation to any other court—means the standard Rules of Court. applicant includes a cross‑applicant and, in relation to proceedings for dissolution of marriage instituted before the commencement of this Act, includes a petitioner or cross‑petitioner. appropriate authority, when used in Part VII in relation to a Commonwealth instrumentality, means a person: (a) who in, or in relation to, the instrumentality: (i) is an SES employee or acting SES employee; or (ii) holds an office or position that is at a level equivalent to that of an SES employee; or (b) who is authorised in writing by the principal officer of the instrumentality to provide information under Commonwealth information orders. arbitration has the meaning given by section 10L. arbitrator has the meaning given by section 10M. arresting person means the person who arrests the alleged offender. artificial conception procedure includes: (a) artificial insemination; and (b) the implantation of an embryo in the body of a woman. audio link means facilities (for example, telephone facilities) that enable audio communication between persons in different places. Australia includes Norfolk Island. Australian court means a federal court or a court of a State or Territory. bankrupt: see subsection (6). 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 and Principal Registrar of the Federal Circuit and Family Court of Australia (Division 1). 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 has a meaning affected by subsections 60F(1), (2), (3) and (4). child‑related order: see subsection 70NBA(2). 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). civil penalty provision has the same meaning as in the Regulatory Powers Act. 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. communicate: see subsection 114P(1). contravene a child‑related order: see section 70NAC. conveyance includes a vehicle, a vessel and an aircraft. court, in relation to any proceedings, means the court exercising jurisdiction in those proceedings by virtue of this Act, the Federal Circuit and Family Court of Australia Act 2021, the Child Support (Assessment) Act 1989 or the Child Support (Registration and Collection) Act 1988. 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. designated family report: see section 11J. 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. dwelling house includes a conveyance, or a room in accommodation, in which people ordinarily retire for the night. 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 10C. 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 law practice and procedure provisions has the meaning given by subsection 95(4). family report writer: see section 11H. family safety risk screening information has the meaning given by section 10S. family safety risk screening person has the meaning given by section 10R. family safety risk screening process has the meaning given by section 10T. family violence has the meaning given by subsection 4AB(1). family violence order means an order (including an interim order) made under a prescribed law of a State or Territory to protect a person from family violence. Federal Circuit and Family Court of Australia means: (a) the Federal Circuit and Family Court of Australia (Division 1); or (b) the Federal Circuit and Family Court of Australia (Division 2). Federal Circuit and Family Court of Australia (Division 1) Rules means the Rules of Court made under Chapter 3 of the Federal Circuit and Family Court of Australia Act 2021. financial agreement means an agreement that is a financial agreement under section 90B, 90C 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. 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. 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. information sharing agency has the meaning given by section 67ZBC. information sharing safeguards has the meaning given by section 67ZBI. 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 those parties who have died; (including a combination consisting solely of parties or consisting solely of representatives); or (eab) third party proceedings (as defined in section 4A) to set aside a financial agreement; or (eb) proceedings with respect to the enforcement of a decree made under the law of an overseas jurisdiction in proceedings of a kind referred to in paragraph (c); or (f) 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 paragraphs (a) to (eb), including proceedings of such a kind pending at, or completed before, the commencement of this Act. medical expenses includes medical, surgical, dental, diagnostic, hospital, nursing, pharmaceutical and physiotherapy expenses. medical practitioner means a person registered or licensed as a medical practitioner under a law of a State or Territory that provides for the registration or licensing of medical practitioners. member of the family has the meaning given by subsection (1AB). Note: The definition in subsection (1AB) applies for the purposes of the provisions specified in that subsection. non‑referring State de facto financial law means a law that: (a) is a law of a State that is not a participating jurisdiction; and (b) relates to financial matters relating to the parties to de facto relationships arising out of the breakdown of those de facto relationships. ordinarily resident includes habitually resident. overseas child order means: (a) an order made by a court of a prescribed overseas jurisdiction that: (i) 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 (ii) 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 (iii) 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; or (iv) varies or discharges an order of the kind referred to in subparagraph (i), (ii) or (iii), including an order of that kind made under this Act; or (b) an order made for the purposes of the Convention referred to in section 111B by a judicial or administrative authority of a convention country (within the meaning of the regulations made for the purposes of that section). overseas jurisdiction means a country, or part of a country, outside Australia. overseas maintenance agreement means a maintenance agreement that has force and effect in a prescribed overseas jurisdiction by reason of the registration of the agreement, or the taking of any other action in relation to the agreement, under the law of that jurisdiction and includes an agreement with respect to the maintenance of an ex‑nuptial child that would be covered by the foregoing provisions of this definition if the child were a child of the marriage of the parties to the agreement. parent, when used in Part VII in relation to a child who has been adopted, means an adoptive parent of the child. parentage testing order has the meaning given by subsection 69W(1). parentage testing procedure means a medical procedure prescribed, or included in a class of medical procedures prescribed, for the purposes of this definition. parental responsibility, in Part VII, has the meaning given by section 61B. parenting order has the meaning given by subsection 64B(1). parenting plan has the meaning given by subsection 63C(1). participating jurisdiction has the meaning given by subsection 90RA(1). Part VIIIAB financial agreement means an agreement: (a) made under section 90UB, 90UC or 90UD; or (b) covered by section 90UE. Part VIIIAB proceedings means: (a) proceedings under Part VIIIAB for orders with respect to: (i) the maintenance of a party to a de facto relationship; or (ii) the property of the parties to a de facto relationship or of either of them; or (b) proceedings in relation to a Part VIIIAB financial agreement; but does not include any proceedings specified in the regulations for the purposes of this definition. Part VIIIAB termination agreement means an agreement made under paragraph 90UL(1)(b). Part VIIIA proceedings means proceedings in relation to a financial agreement. Part VIIIB proceedings means: (a) proceedings in relation to a superannuation agreement (within the meaning of Part VIIIB); or (b) proceedings in relation to a payment split or payment flag (within the meaning of that Part); or (c) any other proceedings under that Part. Part VIII proceedings means proceedings under Part VIII for orders with respect to spousal maintenance or the property of parties to a marriage, but does not include any proceedings specified in the regulations for the purposes of this definition. party to a de facto relationship means a person who lives or has lived in a de facto relationship. pending, in Subdivision E of Division 6 of Part VII, has a meaning affected by section 65X. personal insolvency agreement has the same meaning as in the Bankruptcy Act 1966. police officer means: (a) a member or special member of the Australian Federal Police; or (b) a member, however described, of the police force of a State or Territory. post‑separation parenting program means a program: (a) that is designed to help people to resolve problems that adversely affect the carrying out of their parenting responsibilities (including by providing counselling services or by teaching techniques to resolve disputes); and (b) that consists of lectures, discussions (including group discussions) or other activities; and (c) that is provided by an organisation that meets the conditions in section 65LB. prescribed adopting parent, in relation to a child, means: (a) a parent of the child; or (b) the spouse of, or a person in a de facto relationship with, a parent of the child; or (c) a parent of the child and either his or her spouse or a person in a de facto relationship with the parent. prescribed child welfare authority, in relation to abuse of a child, means: (a) if the child is the subject of proceedings under Part VII in a State or Territory—an officer of the State or Territory who is responsible for the administration of the child welfare laws of the State or Territory, or some other prescribed person; or (b) if the child is not the subject of proceedings under Part VII—an officer of the State or Territory in which the child is located or is believed to be located who is responsible for the administration of the child welfare laws of the State or Territory, or some other prescribed person. prescribed overseas jurisdiction means any country, or part of a country, outside Australia that is declared by the regulations to be a prescribed overseas jurisdiction for the purposes of the provision in which the expression is used. prescribed proceedings means: (a) divorce or validity of marriage proceedings; or (b) proceedings in relation to concurrent, pending or completed divorce or validity of marriage proceedings. principal officer, when used in Subdivision C of Division 8 of Part VII in relation to a Commonwealth instrumentality, means: (a) if the regulations declare an office to be the principal office 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: (a) in Part XIVB—see subsection 114P(1); and (b) otherwise—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 connection 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. protected material has the meaning given by subsection 67ZBF(3). public: see subsection 114P(2). reasonable excuse for contravening a child‑related order has a meaning affected by section 70NAD. 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 Federal Circuit and Family Court of Australia (Division 1)—a Senior Registrar or Registrar of the Court; or (b) in relation to the Federal Circuit and Family Court of Australia (Division 2)—a Senior Registrar or Registrar of the Court; or (c) in relation to any other court—the principal legal officer of the court or any other appropriate officer of the court. Registry Manager: (a) in relation to the Federal Circuit and Family Court of Australia (Division 1), means a Registry Manager of the Court; and (b) in relation to the Federal Circuit and Family Court of Australia (Division 2), means a Registry Manager of the Court; and (c) in relation to any other court, means the principal officer of the court or any other appropriate officer or staff member of the court. regulator: see paragraph 11K(2)(b). Regulatory Powers Act means the Regulatory Powers (Standard Provisions) Act 2014. related Federal Circuit and Family Court of Australia (Division 2) Rules means the Rules of Court made under Chapter 4 of the Federal Circuit and Family Court of Australia Act 2021 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; or (vii) for an Aboriginal child or Torres Strait Islander child—a person who, in accordance with the child's Aboriginal or Torres Strait Islander culture (including but not limited to any kinship systems of that culture), is related to the child; and (b) in paragraph (1AB)(e)—has the meaning given by subsection (1AC); and (c) in paragraph (1AB)(ea)—has the meaning given by subsection (1AD). 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 69GA proceedings has the meaning given by subsection 69GA(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. 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 r