Family Law Regulations (Amendment)

Legislation au C2004L04628 Regulations Not in force Legislative Instrument

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EXPLANATORY STATEMENT

Family Law Act 1975

Family Law Regulations (Amendment)

(Statutory Rules 1983 No. 280)

The Family Law (Amendment) Act 1983 (the Amendment Act) received the Royal Assent on 28 October 1983. Part II of the Amendment Act, amongst other things, amends the Family Law Act 1975 (the Act) to provide that certain matters be prescribed. Sub-section 123(1) of the Act enables regulations to be made, not inconsistent with the Act, prescribing all matters that are required or permitted by the Act to be prescribed or are necessary or convenient to be prescribed for carrying out or giving effect to the Act. Section 2 of the Amendment Act provides that Part II shall come into operation on the twenty-eighth day after the day on which that Act receives the Royal Assent.

The purpose of the regulations is to amend the Family Law Regulations to prescribe those matters required or permitted by amendments made by Part II of the Amendment Act to be prescribed or necessary or convenient to be prescribed for carrying out or giving effect to amendments made by Part II of the Amendment Act.


By virtue of sub-section 4(2) of the Acts Interpretation Act 1901, the regulations take effect on the day on which Part II of the Amendment Act comes into operation.

Details of the regulations are at Attachment A.

(Authorised by the Attorney-General)

Attachment A

NOTES ON REGULATIONS

Regulation 1 amends regulation 33 of the Family Law Regulations (the existing regulations) by repealing sub-regulations 33(2) and (3) and inserting a new sub-regulation 33(2) providing for the form of a joint application for a decree of dissolution of marriage. Sub-section 44(1A) of the Act (a new provision introduced by the Amendment Act) provides for such applications. Regulation 1 also amends sub-regulation 33(1) in consequence of the insertion of new sub-regulation 33(2).

Regulation 2 inserts a new regulation 33A into the existing regulations providing for the form of the certificate referred to in sub-section 44(1B) of the Act, inserted by section 21 of the Amendment Act.

Regulation 3 amends regulation 34 of the existing regulations by repealing sub-regulations 34(2) and (3) and inserting a new sub-regulation 34(2) providing for the form of a joint application for a decree of nullity of marriage. Joint applications for decrees of nullity are also provided for by the new sub-section 44(1A). Regulation 3 also amends sub-regulation 34(1) in consequence of the insertion of new sub-regulation 34(2).

Regulation 4 inserts a new regulation 102A into the existing regulations providing that the court may order, upon such terms and conditions as it considers just, that the legal personal representative of a deceased party to uncompleted property proceedings under the Act be substituted for that deceased party as a party to the proceedings.


Regulation 5 inserts a new regulation 165A into the existing regulations. Sub-regulation 165A(1) provides for the form of a notice to be filed together with a copy of an offer in writing to settle proceedings filed for the purposes of sub-section 117C(1) of the Act, inserted by section 70 of the Amendment Act. Sub-regulation 165A(2) provides for the form of the notice that an offer in writing to settle proceedings, filed for the purposes of sub-section 117C(2) of the Act, inserted by section 70 of the Amendment Act, has been withdrawn.

Regulation 6 inserts a new regulation 168A into the existing regulations prescribing the manner in which consents in writing referred to in paragraphs 70A(1)(a), 70A(2)(a), 70B(1)(c) and 70B(2)(c) of the Act, inserted by section 33 of the Amendment Act, are to be authenticated.

Regulation 7 inserts a new regulation 170AA into the existing regulations prescribing 10 percent per annum as the rate of interest for the purposes of sub-section 87(11) of the Act, inserted by sub-section 44(1) of the Amendment Act.

Regulation 8 inserts a new regulation 170B into the existing regulations prescribing, for the purposes of sub-section 114AB(1) and (2) of the Act, inserted by section 65 of the Amendment Act, the following State laws with respect to domestic violence -

•          sections 407AA, 357F, 357G, 357H and 547AA of the Crimes Act, 1901 of New South Wales;

•          the Peace and Good Behaviour Act 1982 of Queensland;


• sections 172, 173 and 174 of the Justices Act, 1902 of Western Australia; and

• section 99 of the Justices Act, 1921 of South Australia.

Regulation 8 also inserts a new regulation 170C into the existing regulations prescribing 10 percent per annum as the rate of interest for the purposes of sub-section 117B(1) of the Act, inserted by section 70 of the Amendment Act.

Regulation 9 amends Schedule 1 to the existing regulations by inserting into the Schedule Forms 4A and 4B. Under new sub-regulation 33(2) inserted by regulation 1 of these regulations, a joint application for a decree of dissolution of marriage shall be in accordance with Form 4A. Under new regulation 33A inserted by regulation 2 of these regulations, a certificate referred to in sub-section 44 (1B) of the Act shall be in accordance with Form 4B.

Sub-regulation 10(1) amends Schedule 1 to the existing regulations by inserting into the Schedule Form 5A, repealing Form 6 and inserting into the Schedule a new Form 6. Under new sub-regulation 34(2) inserted by regulation 3 of these regulations, a joint application for a decree of nullity of marriage shall be in accordance with Form 5A. Under sub-regulation 36(1) of the existing regulations, an application (other than an application by which proceedings for principal relief are commenced or an application under sub-regulation 133(1), 133(2) or 137(4)) shall be in accordance with Form 6. New Form 6 is necessary in consequence of the new paragraphs (cc), (ce), (cg) and (ch) of the definition of “matrimonial cause” in sub-section 4(1) of the Act inserted by sub-section


3(1) of the Amendment Act which, together with sub-section 44(1) of the Act, will enable the institution of certain proceedings under the Act, by application, by persons other than the parties to the marriage to which the proceedings relate. Sub-regulation 10(2) is necessary in consequence of the repeal of Form 6 and the insertion of new Form 6.

Regulation 11 amends Schedule 1 to the existing regulations by inserting into the Schedule Forms 29B and 29C. Under sub-regulation 165A(1) inserted by regulation 5 of these regulations, a notice filed together with a copy of an offer in writing to settle proceedings shall be in accordance with Form 29B. Under sub-regulation 165A(2) inserted by regulation 5 of these regulations, a notice that an offer in writing to settle proceedings has been withdrawn shall be in accordance with Form 29C.

Overview

The Family Law (Amendment) Act 1983 was enacted to amend the Family Law Act 1975, introducing a series of changes designed to enhance the administration and procedural aspects of family law in Australia. This amendment was introduced by the Commonwealth Parliament, with the objective of addressing gaps and improving the efficiency of the family law system by updating regulations and forms. The Act received Royal Assent on 28 October 1983, and its provisions were intended to facilitate smoother processes and more effective handling of family law matters, including the formalisation of joint applications for decrees and the establishment of standardised forms and procedures for various family law applications and certificates. These amendments aimed to ensure that the family law system could better serve the needs of those involved in family law proceedings by providing clear and accessible legal pathways.

Scope and Application

The Family Law Regulations (Amendment) (Statutory Rules 1983 No. 280) are amendments to the Family Law Regulations, which operate under the Family Law Act 1975. These regulations apply to the Commonwealth of Australia and are designed to facilitate the implementation of changes introduced by the Family Law (Amendment) Act 1983. The regulations are applicable to all individuals and entities involved in family law proceedings within Australia, including spouses, de facto partners, children, and legal representatives. They govern the procedural aspects of family law matters such as the forms and procedures for joint applications for decrees of dissolution and nullity of marriage, the authentication of consents, and the interest rates applicable in certain financial proceedings. Notably, the regulations specify the forms to be used for different types of applications and notices, ensuring uniformity and compliance with the legislative framework. There are no explicit exclusions or thresholds mentioned in the text, but the application of these regulations is contingent upon the provisions of the Family Law Act 1975 and the Family Law (Amendment) Act 1983. The regulations are effective from the date on which Part II of the Amendment Act comes into operation, which is the 28th day after the Amendment Act receives the Royal Assent.

Key Provisions

The Family Law Regulations (Amendment) (Statutory Rules 1983 No. 280) introduce several amendments to the Family Law Regulations to align with the changes made by the Family Law (Amendment) Act 1983. Regulation 1 modifies regulation 33 to provide for the form of a joint application for a decree of dissolution of marriage (subsection 44(1A) of the Family Law Act 1975) and the form of a certificate required under subsection 44(1B). Regulation 2 introduces a new regulation 33A to specify the form of the certificate referred to in subsection 44(1B). Regulation 3 similarly amends regulation 34 to cover the form of a joint application for a decree of nullity of marriage (subsection 44(1A)) and includes a new sub-regulation 34(2). Regulation 4 introduces a new regulation 102A, allowing the court to substitute the legal personal representative of a deceased party in uncompleted property proceedings. Regulation 5 inserts a new regulation 165A detailing the form of notices for offers to settle proceedings (subsection 117C(1)) and the withdrawal of such offers (subsection 117C(2)). Regulation 6 introduces a new regulation 168A to prescribe how written consents required by the Act should be authenticated. Regulation 7 establishes a new regulation 170AA setting a 10 percent per annum interest rate for certain purposes under the Act. Regulation 8 introduces new regulations 170B and 170C, prescribing specific state laws relating to domestic violence and setting another 10 percent per annum interest rate. Finally, Regulation 9 and Regulation 10 amend Schedule 1 to include new forms 4A, 4B, 5A, and 6, necessary for various applications and certificates under the amended Act. These regulations impose specific obligations on parties involved in family law matters. They mandate the use of prescribed forms for joint applications for decrees of dissolution and nullity of marriage, certificates, notices of offers to settle proceedings, and the withdrawal of such offers. Additionally, they require the authentication of written consents in a specific manner and the use of prescribed interest rates in certain calculations. These obligations ensure consistency and compliance with the requirements set forth by the Family Law (Amendment) Act 1983. Breaching the provisions of these regulations may lead to legal consequences. While the specific penalties for non-compliance are not detailed in the explanatory statement, it is likely that such breaches could result in the invalidity of applications, certificates, notices, or consents, potentially leading to delays or dismissal of proceedings. In some cases, the court may impose fines or other penalties for non-compliance, depending on the severity and impact of the breach. These consequences underscore the importance of adhering to the prescribed forms and procedures as mandated by the regulations.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.