Family Law Act 1975

The Judges (however described) of a Family Court of a State (a State Court), or a majority of them, may make Rules of Court not inconsistent with this Act, providing for or in relation to the practice and procedure to be followed, subject to subsection 69GA(3), by the State Court when exercising jurisdiction under this Act, and for and in relation to all matters and things incidental to any such practice and procedure, or necessary or convenient to be prescribed for the conduct of any business in the State Court and, in particular:

providing for and in relation to the attendance of witnesses; and

providing for and in relation to the manner of service of process of the State Court, and for and in relation to dispensing with such service; and

providing for and in relation to trial management; and

providing for and in relation to the prevention or termination of vexatious or harmful proceedings; and

prescribing the seals and stamps to be used in the State Court; and

prescribing matters relating to the costs of proceedings (including solicitor and client costs and party and party costs) and the assessment or taxation of those costs; and

authorising the State Court to refer to an officer of the court for investigation, report and recommendation claims or applications for or relating to any matters before the court; and

authorising an officer making an investigation mentioned in paragraph (g) to:

take evidence on oath or affirmation; and

receive in evidence a report from a family consultant under section 55A or 62G; and

receive in evidence a report from a person who has had dealings with a party to the matter under investigation under section 65F, 65L, 65LA, 70NBB, 70NBD or 70NBF; and

enabling the summoning of witnesses before an officer making an investigation mentioned in paragraph (g) for the purposes of giving evidence or producing books or documents; and

regulating the procedure of the State Court upon receiving a report of an officer who has made an investigation referred to in paragraph (g); and

providing for and in relation to the procedure of the State Court when exercising its powers under section 112AP to deal with a person for contempt of the court; and

for the purposes of Division 2 of Part XI, providing for the conditions relating to the use of video links, audio links and other appropriate means of communication; and

providing for and in relation to the making of an application for a divorce order in relation to a marriage jointly by both parties to the marriage; and

providing for and in relation to the appointment, by the Attorney‑General of the Commonwealth, or a court exercising jurisdiction under this Act, of a litigation guardian for a party, or a manager of the affairs of a party, to proceedings under this Act; and

providing for and in relation to:

the forfeiture of bonds and recognisances entered into in pursuance of requirements made under this Act; and

the recovery of any money that may be due to the Commonwealth under such bonds and recognisances or from any person who has become a surety under this Act; and

providing for and in relation to the attachment of moneys payable by the Commonwealth, a State, a Territory or the Administration of a Territory, or by an authority of the Commonwealth, of a State or of a Territory (other than moneys as to which it is provided by any law of the Commonwealth, of a State or of a Territory that they are not liable to attachment); and

providing for and in relation to:

the attendance at family counselling by parties to proceedings under this Act; and

the attendance at family dispute resolution by parties to proceedings under this Act; and

the giving of advice and assistance by family consultants to people involved in proceedings under this Act; and

the participation by parties to proceedings under this Act in courses, programs and other services (other than those mentioned in subparagraph (i), (ii) or (iii)) that the parties are ordered by the State Court to participate in; and

the use, for the purposes of proceedings under this Act, by the State Court and officers of the court, of reports about the future conduct of the proceedings that have been prepared by persons who dealt with the parties in accordance with Rules of Court made under subparagraphs (i), (ii), (iii) or (iv); and

prescribing the functions and duties of assessors and of family consultants and arbitrators; and

providing for and in relation to the making of applications under this Act for arbitration and for orders under sections 13E and 13F; and

prescribing the disputes, proceedings or matters that may or may not be arbitrated under this Act; and

prescribing the disputes, proceedings or matters in relation to which family consultants may, or must not, perform their functions; and

providing for and in relation to:

the functions to be performed by family consultants; and

the procedures to be followed in performing those functions; and

the procedures to be followed by persons involved in proceedings in relation to which a family consultant is performing functions; and

the procedures to be followed when a family consultant ceases performing functions in relation to a dispute, proceeding or matter; and

providing for and in relation to:

the procedures to be followed by a family counsellor authorised under subsection 281(1) of the Federal Circuit and Family Court of Australia Act 2021 or engaged under subsection 18ZI(2) of the Federal Court of Australia Act 1976; and

the procedures to be followed by persons attending family counselling with such a counsellor; and

the procedures to be followed when family counselling with such a counsellor ends; and

providing for and in relation to:

the procedures to be followed by a family dispute resolution practitioner authorised under subsection 281(2) of the Federal Circuit and Family Court of Australia Act 2021 or engaged under subsection 18ZI(2) of the Federal Court of Australia Act 1976; and

the procedures to be followed by persons attending family dispute resolution with such a practitioner; and

the procedures to be followed when family dispute resolution with such a practitioner ends; and

providing for and in relation to:

the procedures to be followed by an arbitrator in relation to a dispute, proceeding or matter under this Act; and

the attendance by persons at conferences conducted by arbitrators for the purpose of arbitrating a dispute, proceeding or matter under this Act; and

the procedure to be followed when arbitration ends, both where it has resulted in an agreement or award and where it has not; and

prescribing matters relating to the costs of arbitration by arbitrators, and the assessment or taxation of those costs; and

prescribing matters relating to the costs of family counselling by family counsellors authorised under subsection 281(1) of the Federal Circuit and Family Court of Australia Act 2021 or engaged under subsection 18ZI(2) of the Federal Court of Australia Act 1976; and

prescribing matters relating to the costs of family dispute resolution by family dispute resolution practitioners authorised under subsection 281(2) of the Federal Circuit and Family Court of Australia Act 2021 or engaged under subsection 18ZI(2) of the Federal Court of Australia Act 1976; and

providing for and in relation to:

the registration of awards under section 13H; and

the time and manner of making applications for review of registered awards under section 13J or for orders setting aside registered awards under section 13K; and

providing for and in relation to conciliation conferences; and

prescribing matters incidental to the matters specified in the preceding paragraphs; and

prescribing penalties not exceeding 50 penalty units, or an amount that is the monetary equivalent, for offences against Rules of Court made under this section for the purposes of the State Court.

A reference to a Family Court of a State is a reference to a court to which section 41 applies (see subsection 4(1A)).

Penalty unit has the meaning given by section 4AA of the Crimes Act 1914 (see section 2B of the Acts Interpretation Act 1901).

The Legislation Act 2003 (other than sections 8, 9, 10 and 16 and Part 4 of Chapter 3 of that Act) applies in relation to rules of court made by Judges of a State Court under this section:

as if a reference to a legislative instrument (other than in subparagraph 14(1)(a)(ii) and subsection 14(3) of that Act) were a reference to a rule of court; and

as if a reference to a rule‑maker were a reference to the Chief Judge (however described) acting on behalf of the Judges of that Court; and

subject to such further modifications or adaptations as are provided for in regulations made under paragraph 125(1)(baa) of this Act.