Commonwealth: 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: Creditors etc. entitled to become party to proceedings 49 Subsections 79AA(10) and (10B) Omit "this section", substitute "section 79". 50 Before subsection 79AA(11) Insert: Bankruptcy trustee to become party to proceedings on application 51 Paragraphs 79AA(11)(a) and (d) Omit "this section", substitute "section 79". 52 Before subsection 79AA(14) Insert: Trustee of insolvency agreement to become party to proceedings on application 53 Paragraphs 79AA(14)(a) and (d) Omit "this section", substitute "section 79". 54 Before subsection 79AA(17) Insert: When application is taken to be finally determined for purposes of subsections (11) and (14) 55 Subsection 79AA(17) Omit "this section", substitute "section 79". 56 Subsection 85A(2) Omit "subsection 79(4)", substitute "subsections 79(4), (5) and (7)". 57 Before subsection 90SMA(8) Insert: Death of party before property settlement proceedings complete 58 Before subsection 90SMA(9) Insert: Attendance of parties at conference etc. before orders made 59 Subsection 90SMA(9) Omit "this section", substitute "section 90SM". 60 Before subsection 90SMA(10) Insert: Creditors etc. entitled to become party to proceedings 61 Subsections 90SMA(10), (12) and (13) Omit "this section", substitute "section 90SM". 62 Before subsection 90SMA(14) Insert: Bankruptcy trustee to become party to proceedings on application 63 Paragraphs 90SMA(14)(a) and (d) Omit "this section", substitute "section 90SM". 64 Before subsection 90SMA(17) Insert: Trustee of insolvency agreement to become party to proceedings on application 65 Paragraphs 90SMA(17)(a) and (d) Omit "this section", substitute "section 90SM". 66 Before subsection 90SMA(20) Insert: When application is taken to be finally determined for the purposes of subsections (14) and (17) 67 Subsection 90SMA(20) Omit "this section", substitute "section 90SM". Division 3—Application of property framework amendments 68 Application provision The amendments of the Family Law Act 1975 made by Divisions 1 and 2 of this Part apply in relation to the following proceedings: (a) proceedings instituted on or after the day this item commences; (b) proceedings instituted before, and not finally determined before, the day this item commences, other than proceedings in respect of which a final hearing has commenced before that day. Part 2—Principles for conducting property or other non‑child‑related proceedings Division 1—Main amendments Family Law Act 1975 69 Subsection 4(1) (definition of child‑related proceedings) Omit "section 69ZM", substitute "subsection 102ND(6)". 70 Subsection 4(1) Insert: property or other non‑child‑related proceedings has the meaning given by subsection 102ND(7). 71 Section 60B (note) Omit "Note", substitute "Note 1". 72 At the end of section 60B Add: Note 2: Division 4 of Part XI sets out principles for conducting child‑related proceedings under this Part. The court must give effect to the principles in performing duties and exercising powers in relation to child‑related proceedings or making other decisions about the conduct of child‑related proceedings. Division 4 of Part XI also deals with matters relating to evidence in child‑related proceedings. 73 Section 60C (table item 12A) Repeal the item. 74 At the end of section 69A Add: Note: Division 4 of Part XI sets out principles for conducting child‑related proceedings under this Part. The court must give effect to the principles in performing duties and exercising powers in relation to child‑related proceedings or making other decisions about the conduct of child‑related proceedings. Division 4 of Part XI also deals with matters relating to evidence in child‑related proceedings. 75 Division 12A of Part VII Repeal the Division. 76 Part XI (note to Part heading) Repeal the note. 77 Subsection 102A(5) (note) Omit "69ZV", substitute "102NM". 78 At the end of Part XI Add: Division 4—Principles for conducting child‑related proceedings and property or other proceedings Subdivision A—Proceedings to which this Division applies 102ND Proceedings to which this Division applies (1) This Division applies to proceedings that are wholly under Part VII. (2) This Division also applies to proceedings between parties that are partly under Part VII: (a) to the extent the proceedings are under Part VII; and (b) to the extent the proceedings are not under Part VII if: (i) the parties consent to this Division applying to the proceedings to the extent the proceedings are not under Part VII; or (ii) the court orders that this Division applies to the proceedings to the extent the proceedings are not under Part VII (whether or not the parties consent). (3) This Division also applies to proceedings between parties that are not to any extent under Part VII if: (a) the parties consent to this Division applying to the proceedings; or (b) the court orders that this Division applies to the proceedings (whether or not the parties consent). (4) In deciding whether to make an order under subparagraph (2)(b)(ii), the court must have regard to the principles in section 102NE. (5) In deciding whether to make an order under paragraph (3)(b), the court must have regard to the principles in section 102NE (other than subsection (3), paragraph (5)(a) and subsection (6) of that section). (6) Proceedings to which this Division applies under subsection (1) or (2) are child‑related proceedings. (7) Proceedings to which this Division applies under subsection (3) are property or other non‑child‑related proceedings. (8) Consent given for the purposes of subparagraph (2)(b)(i) or paragraph (3)(a) must be: (a) free from coercion; and (b) given in the form prescribed by the applicable Rules of Court. (9) A party to proceedings may, with the leave of the court, revoke a consent given for the purposes of subparagraph (2)(b)(i) or paragraph (3)(a). Subdivision B—Principles for conducting child‑related proceedings and property or other proceedings 102NE Principles for conducting child‑related proceedings and property or other proceedings Application of the principles (1) The court must give effect to the principles in this section: (a) in performing duties and exercising powers (whether under this Division or otherwise) in relation to child‑related proceedings or property or other non‑child‑related proceedings; and (b) in making other decisions about the conduct of child‑related proceedings or property or other non‑child‑related proceedings. Failure to do so does not invalidate the proceedings or any order made in them. (2) Regard is to be had to the principles that are relevant to the particular proceedings in interpreting this Division. Note: All the principles are relevant to child‑related proceedings. The principles in subsection (3), paragraph (5)(a) and subsection (6) do not apply in relation to property or other non‑child‑related proceedings. Principle 1 (3) The first principle is that the court is to consider the needs of the child concerned and the impact that the conduct of the proceedings may have on the child in determining the conduct of the proceedings. Principle 2 (4) The second principle is that the court is to actively direct, control and manage the conduct of the proceedings. Principle 3 (5) The third principle is that the proceedings are to be conducted in a way that will safeguard: (a) the child concerned from being subjected to, or exposed to, abuse, neglect or family violence; and (b) the parties to the proceedings against family violence. Principle 4 (6) The fourth principle is that the proceedings are, as far as possible, to be conducted in a way that will promote cooperative and child‑focused parenting by the parties. Principle 5 (7) The fifth principle is that the proceedings are to be conducted without undue delay and with as little formality, and legal technicality and form, as possible. 102NF This Division also applies to proceedings in Chambers The following persons, when hearing child‑related proceedings or property or other non‑child‑related proceedings in Chambers, have all of the duties and powers that a court has under this Division: (a) in the case of the Federal Circuit and Family Court of Australia (Division 1)—a Judge, the Chief Executive Officer, or a Senior Registrar or Registrar of the Court; (b) in the case of the Federal Circuit and Family Court of Australia (Division 2)—a Judge, the Chief Executive Officer, or a Senior Registrar or Registrar of the Court; (c) in any other case—a Judge, Registrar or magistrate. Note: An order made in Chambers has the same effect as an order made in open court. 102NG Powers under this Division may be exercised on court's own initiative The court may exercise a power under this Division: (a) on the court's own initiative; or (b) at the request of one or more of the parties to the proceedings. Subdivision C—Duties and powers related to giving effect to the principles 102NH General duties (1) In giving effect to the relevant principles in section 102NE, the court must: (a) ask each party to the proceedings whether the party considers that the party, or another party to the proceedings, has been, or is at risk of being, subjected to family violence; and (b) in child‑related proceedings—ask each party to the proceedings whether the party considers that the child concerned has been, or is at risk of being, subjected to, or exposed to, abuse, neglect or family violence; and (c) decide which of the issues in the proceedings require full investigation and hearing and which may be disposed of summarily; and (d) decide the order in which the issues are to be decided; and (e) give directions or make orders about the timing of steps that are to be taken in the proceedings; and (f) in deciding whether a particular step is to be taken—consider whether the likely benefits of taking the step justify the costs of taking it; and (g) make appropriate use of technology; and (h) if the court considers it appropriate—encourage the parties to use family dispute resolution or, in child‑related proceedings, family counselling; and (i) deal with as many aspects of the matter as it can on a single occasion; and (j) deal with the matter, where appropriate, without requiring the parties' physical attendance at court. (2) Subsection (1) does not limit subsection 102NE(1). (3) A failure to comply with subsection (1) does not invalidate an order. 102NJ Power to make determinations, findings and orders at any stage of proceedings (1) If, at any time after the commencement of child‑related proceedings or property or other non‑child‑related proceedings and before making final orders, the court considers that it may assist in the determination of the dispute between the parties, the court may do any or all of the following: (a) make a finding of fact in relation to the proceedings; (b) determine a matter arising out of the proceedings; (c) make an order in relation to an issue arising out of the proceedings. Note: For example, the court may choose to use this power if the court considers that making a finding of fact at a particular point in the proceedings will help to focus the proceedings. (2) Subsection (1) does not prevent the court doing something mentioned in paragraph (1)(a), (b) or (c) at the same time as making final orders. (3) To avoid doubt, a person who exercises a power under subsection (1) in relation to proceedings is not, merely because of having exercised the power, required to be disqualified from a further hearing of the proceedings. 102NK Use of family consultants At any time during child‑related proceedings, the court may designate a family consultant as the family consultant in relation to the proceedings. Note 1: Family consultants have the functions described in section 11A. These include assisting and advising people involved in proceedings, and this assistance and advice may involve helping people to better understand the effect of things on the child concerned. Family consultants can also inform people about other services available to help them. Note 2: The court may also order parties to proceedings to attend, or arrange for a child to attend, appointments with a family consultant. See section 11F. Subdivision D—Matters relating to evidence 102NL Rules of evidence not to apply unless court decides (1) The following provisions of the Evidence Act 1995 do not apply to child‑related proceedings or property or other non‑child‑related proceedings: (a) Divisions 3, 4 and 5 of Part 2.1 (which deal with general rules about giving evidence, examination in chief, re‑examination and cross‑examination), other than sections 26, 30, 36 and 41; Note: Section 26 is about the court's control over questioning of witnesses. Section 30 is about interpreters. Section 36 relates to examination of a person without subpoena or other process. Section 41 is about improper questions. (b) Parts 2.2 and 2.3 (which deal with documents and other evidence including demonstrations, experiments and inspections); (c) Parts 3.2 to 3.8 (which deal with hearsay, opinion, admissions, evidence of judgments and convictions, tendency and coincidence, credibility and character). (2) The court may give such weight (if any) as it thinks fit to evidence admitted as a consequence of a provision of the Evidence Act 1995 not applying because of subsection (1). (3) Despite subsection (1), the court may decide to apply one or more of the provisions of a Division or Part mentioned in that subsection to an issue in the proceedings, if: (a) the court is satisfied that the circumstances are exceptional; and (b) the court has taken into account (in addition to any other matters the court thinks relevant): (i) the importance of the evidence in the proceedings; and (ii) the nature of the subject matter of the proceedings; and (iii) the probative value of the evidence; and (iv) the powers of the court (if any) to adjourn the hearing, to make another order or to give a direction in relation to the evidence. (4) If the court decides to apply a provision of a Division or Part mentioned in subsection (1) to an issue in the proceedings, the court may give such weight (if any) as it thinks fit to evidence admitted as a consequence of the provision applying. (5) Subsection (1) does not revive the operation of: (a) a rule of common law; or (b) a law of a State or a Territory; that, but for subsection (1), would have been prevented from operating because of a provision of a Division or Part mentioned in that subsection. 102NM Evidence of children (1) This section applies if the court applies the law against hearsay under subsection 102NL(2) to child‑related proceedings. (2) Evidence of a representation made by a child about a matter that is relevant to the welfare of the child or another child, which would not otherwise be admissible as evidence because of the law against hearsay, is not inadmissible in the proceedings solely because of the law against hearsay. (3) The court may give such weight (if any) as it thinks fit to evidence admitted under subsection (2). (4) This section applies despite any other Act or rule of law. (5) In this section: child means a person under 18. representation includes an express or implied representation, whether oral or in writing, and a representation inferred from conduct. 102NN Court's general duties and powers relating to evidence (1) In giving effect to the relevant principles in section 102NE, the court may: (a) give directions or make orders about the matters in relation to which the parties are to present evidence; and (b) give directions or make orders about who is to give evidence in relation to each issue; and (c) give directions or make orders about how particular evidence is to be given; and (d) if the court considers that expert evidence is required—give directions or make orders about: (i) the matters in relation to which an expert is to provide evidence; and (ii) the number of experts who may provide evidence in relation to a matter; and (iii) how an expert is to provide the expert's evidence; and (e) ask questions of, and seek evidence or the production of documents or other things from, parties, witnesses and experts on matters relevant to the proceedings. (2) Without limiting subsection (1) or section 102NJ, the court may give directions or make orders: (a) about the use of written submissions; or (b) about the length of written submissions; or (c) limiting the time for oral argument; or (d) limiting the time for the giving of evidence; or (e) that particular evidence is to be given orally; or (f) that particular evidence is to be given by affidavit; or (g) that evidence in relation to a particular matter not be presented by a party; or (h) that evidence of a particular kind not be presented by a party; or (i) limiting, or not allowing, cross‑examination of a particular witness; or (j) limiting the number of witnesses who are to give evidence in the proceedings. (3) The court may, in child‑related proceedings or property or other non‑child‑related proceedings: (a) receive into evidence the transcript of evidence in any other proceedings before: (i) the court; or (ii) another court; or (iii) a tribunal; and draw any conclusions of fact from that transcript that it thinks proper; and (b) adopt any recommendation, finding, decision or judgment of any court, person or body of a kind mentioned in any of subparagraphs (a)(i) to (iii). (4) In proceedings under Part VII in which the court is required to regard the best interests of the child as the paramount consideration: (a) subsection 126K(1) of the Evidence Act 1995 does not apply in relation to information that would: (i) reveal the identity of a journalist's source; or (ii) enable that identity to be discovered; if the court considers that it is in the best interests of the child for the information to be disclosed; and (b) the court must not direct, under a law of a State or Territory relating to professional confidential relationship privilege specified in the regulations, that evidence not be adduced if the court considers that adducing the evidence would be in the best interests of the child. 79 Application of amendments The amendments of the Family Law Act 1975 made by this Division apply in relation to the following proceedings: (a) proceedings instituted on or after the day this Division commences; (b) proceedings instituted before, and not finally determined before, the day this Division commences, other than proceedings in respect of which a final hearing has commenced before that day. Division 2—Other amendments Evidence Act 1995 80 Subsection 190(1) (note) Repeal the note, substitute: Note: Matters related to evidence in child‑related proceedings (within the meaning of the Family Law Act 1975), and property or other non‑child‑related proceedings (within the meaning of that Act), are dealt with by Division 4 of Part XI of that Act. Part 3—Duty of disclosure and arbitration Division 1—Duty of disclosure Family Law Act 1975 81 Subsection 4(1) Insert: financial or property matters: (a) of a marriage—has the meaning given by subsection 71B(7); or (b) of a de facto relationship—has the meaning given by subsection 90RI(7). 82 At the end of section 71A Add: (3) Section 71B has effect regardless of subsection (1) of this section. 83 After section 71A Insert: 71B Duty of disclosure Duty of disclosure in proceedings (1) Each party to a proceeding relating to financial or property matters of a marriage (other than proceedings on appeal) has a duty to the court and to each other party to give full and frank disclosure, in a timely manner, of all information and documents relevant to: (a) for a party to the marriage—the issues in the proceeding that relate to financial or property matters of the marriage; or (b) for any other party to the proceeding—so much of the party's financial circumstances as are relevant to the issues in the proceeding that relate to financial or property matters of the marriage. (2) The duty under subsection (1) applies from the start of the proceeding and continues until the proceeding is finalised. Note: Courts have a range of powers that may be exercised to impose consequences when a person fails to comply with their duty of disclosure. For example, a court might do any of the following: (a) take the failure into account when making an order under section 79 (alteration of property interests); (b) make any orders with respect to costs or security for costs against the person that the court considers just, having regard to the failure; (c) make any orders with respect to disclosure that the court considers appropriate; (d) if an order made by the court is contravened—impose sanctions under section 112AD; (e) punish the person under section 112AP for contempt; (f) stay or dismiss all or part of the proceedings. (3) If a party has a litigation guardian, the duty under subsection (1) is taken to have been complied with if the litigation guardian complies with the duty to the extent they are capable of doing so. (4) The duty under subsection (1) does not apply to the respondent to an application that alleges a contravention of a court order or a contempt of court in relation to that application. Duty of disclosure while preparing for proceedings (5) If separated parties to a marriage are preparing for a proceeding relating to financial or property matters of the marriage (other than proceedings on appeal), each party has a duty to the other party to give full and frank disclosure, in a timely manner, of all information and documents relevant to the issues in the proposed proceeding that relate to financial or property matters of the marriage. (6) The duty under subsection (5) applies at any time while the party is preparing for the proceeding. Note: If proceedings are instituted, consequences, as mentioned in the note beneath subsection (2), may apply to a person who has failed to comply with their duty of disclosure under subsection (5). Financial or property matters of the marriage (7) Any of the following matters, so far as they relate to a marriage, are financial or property matters of the marriage: (a) financial matters; (b) matters that are or might become the subject of proceedings under any of the following provisions of this Act: (i) this Part (orders with respect to spousal maintenance or the property of the parties to the marriage); (ii) section 90K (orders setting aside a financial agreement or a termination agreement); (iii) Part VIIIB (orders with respect to allocation of superannuation interests); (iv) section 106B (orders with respect to instruments or dispositions to defeat an existing or anticipated order in proceedings under this Act); (c) matters that are or might become the subject of proceedings relating to the distribution, after the breakdown of the marriage, of any vested bankruptcy property in relation to a bankrupt party to the marriage; (d) matters that are or might become the subject of proceedings under any of the following provisions of the Child Support (Assessment) Act 1989: (i) section 116 (orders for departure from administrative assessment in special circumstances); (ii) section 123 (orders for provision of child support otherwise than in form of periodic amounts paid to carer); (iii) section 129 (orders modifying orders under section 123A or 124). Relevant information and documents (8) A party's duty to disclose information and documents is a duty to disclose information known to the party and documents that are or have been in the possession or under the control of the party. (9) A party's duty to disclose information and documents includes any information or documents prescribed by the applicable Rules of Court for the purposes of the duty. Note: The duty to disclose is not limited to prescribed information and documents. The applicable Rules of Court may also prescribe other matters in relation to the duty of disclosure. Practitioners' obligation to provide information etc. (10) A legal practitioner or family dispute resolution practitioner who engages with a separated party to a marriage who is or might be subject to the duty in subsection (1) or (5) must: (a) provide the party with information about: (i) the duties of disclosure under this section and explain the circumstances in which they apply; and (ii) potential consequences of the party not complying with the duties; and (b) encourage the party to take all necessary steps to comply with the duties. 84 After Division 1 of Part VIIIAB Insert: Division 1A—Duty of disclosure 90RI Duty of disclosure Duty of disclosure in proceedings (1) Each party to a proceeding relating to financial or property matters of a de facto relationship (other than proceedings on appeal) has a duty to the court and to each other party to give full and frank disclosure, in a timely manner, of all information and documents relevant to: (a) for a party to the relationship—the issues in the proceeding that relate to financial or property matters of the relationship; or (b) for any other party to the proceeding—so much of the party's financial circumstances as are relevant to the issues in the proceeding that relate to financial or property matters of the relationship. (2) The duty under subsection (1) applies from the start of the proceeding and continues until the proceeding is finalised. Note: Courts have a range of powers that may be exercised to impose consequences when a person fails to comply with their duty of disclosure. For example, a court might do any of the following: (a) take the failure into account when making an order under section 90SM (alteration of property interests); (b) make any orders with respect to costs or security for costs against the person that the court considers just, having regard to the failure; (c) make any orders with respect to disclosure that the court considers appropriate; (d) if an order made by the court is contravened—impose sanctions under section 112AD; (e) punish the person under section 112AP for contempt; (f) stay or dismiss all or part of the proceedings. (3) If a party has a litigation guardian, the duty under subsection (1) is taken to have been complied with if the litigation guardian complies with the duty to the extent they are capable of doing so. (4) The duty under subsection (1) does not apply to the respondent to an application that alleges a contravention of a court order or a contempt of court in relation to that application. Duty of disclosure while preparing for proceedings (5) If separated parties to a de facto relationship are preparing for a proceeding relating to financial or property matters of the relationship (other than proceedings on appeal), each party has a duty to the other party to give full and frank disclosure, in a timely manner, of all information and documents relevant to the issues in the proposed proceeding that relate to financial or property matters of the relationship. (6) The duty under subsection (5) applies at any time while the party is preparing for the proceeding. Note: If proceedings are instituted, consequences, as mentioned in the note beneath subsection (2), may apply to a person who has failed to comply with their duty of disclosure under subsection (5). Financial or property matters of the relationship (7) Any of the following matters, so far as they relate to a de facto relationship, are financial or property matters of the relationship: (a) financial matters; (b) matters that are or might become the subject of proceedings in a de facto financial cause; (c) matters that are or might become the subject of proceedings under any of the following provisions of this Act: (i) Division 7 of Part VII (child maintenance orders); (ii) this Part (orders with respect to the maintenance of a party, or the property of the parties, to the relationship), other than Subdivision C of Division 1 (declarations about existence of de facto relationships); (iii) section 90UM (orders setting aside a financial agreement or a termination agreement); (iv) Part VIIIB (orders with respect to allocation of superannuation interests); (v) section 106B (orders with respect to instruments or dispositions to defeat an existing or anticipated order in proceedings under this Act); (d) matters that are or might become the subject of proceedings under any of the following provisions of the Child Support (Assessment) Act 1989: (i) section 116 (orders for departure from administrative assessment in special circumstances); (ii) section 123 (orders for provision of child support otherwise than in form of periodic amounts paid to carer); (iii) section 129 (orders modifying orders under section 123A or 124). Relevant information and documents (8) A party's duty to disclose information and documents is a duty to disclose information known to the party and documents that are or have been in the possession or under the control of the party. (9) A party's duty to disclose information and documents includes any information and documents prescribed by the applicable Rules of Court for the purposes of the duty. Note: The duty to disclose is not limited to prescribed information and documents. The applicable Rules of Court may also prescribe other matters in relation to the duty of disclosure. Practitioners' obligation to provide information etc. (10) A legal practitioner or family dispute resolution practitioner who engages with a separated party to a de facto relationship who is or might be subject to the duty in subsection (1) or (5) must: (a) provide the party with information about: (i) the duties of disclosure under this section and explain the circumstances in which they apply; and (ii) potential consequences of the party not complying with the duties; and (b) encourage the party to take all necessary steps to comply with the duties. 85 At the end of section 90SA Add: (4) Section 90RI has effect regardless of subsection (1) of this section. 86 After Division 1 of Part VIIIC Insert: Division 1A—Duty of disclosure 90YJA Duty of disclosure Duty of disclosure in proceedings (1) Each party to a proceeding under this Part (other than proceedings on appeal) has a duty to the court and to each other party to give full and frank disclosure, in a timely manner, of all information and documents relevant to: (a) for a party to the de facto relationship concerned—the issues under this Part in the proceeding; or (b) for any other party to the proceeding—so much of the party's financial circumstances as are relevant to the issues under this Part in the proceeding. (2) The duty under subsection (1) applies from the start of the proceeding and continues until the proceeding is finalised. Note: Courts have a range of powers that may be exercised to impose consequences when a person fails to comply with their duty of disclosure, including powers under the Family Court Act 1997 (WA) and the Western Australian Rules of Court. (3) If a party has a litigation guardian, the duty under subsection (1) is taken to have been complied with if the litigation guardian complies with the duty to the extent they are capable of doing so. (4) The duty under subsection (1) does not apply to the respondent to an application that alleges a contravention of a court order or a contempt of court in relation to that application. Duty of disclosure while preparing for proceedings (5) If separated parties to a de facto relationship are preparing for a proceeding to be brought under this Part (other than proceedings on appeal), each party has a duty to the other party to give full and frank disclosure, in a timely manner, of all information and documents relevant to the issues under this Part in the proposed proceeding. (6) The duty under subsection (5) applies at any time while the party is preparing for the proceeding. Note: If proceedings are instituted, consequences, as mentioned in the note beneath subsection (2), ma