Sentences with phrase «proceedings under»

Note: The applicant may apply to the Family Court or to the Federal Circuit Court of Australia for the application for the parenting order or for the proceedings under Subdivision E of Division 13A of Part VII, or both, to be transferred to the Federal Circuit Court of Australia or to the Family Court, as the case requires (see section 33B of this Act and section 39 of the Federal Circuit Court of Australia Act 1999).

(1C) Where, before proceedings under this section in relation to an order made under section 79 are completed, a party to the marriage dies:

(h) the power, in proceedings under this Act, to make an order adjourning the hearing of the proceedings;

proceedings of a kind referred to in paragraph (c), (caa), (ca) or (cb) of the definition of matrimonial cause in subsection 4 (1)(not being proceedings under section 78 or 79A or proceedings seeking the discharge, suspension, revival or variation of an order previously made in proceedings with respect to the maintenance of a party) may be instituted:

(10B) If a person becomes a party to proceedings under this section because of paragraph (10)(aa), the person may, in the proceedings, apply for:

(1) If the parentage of a child is a question in issue in proceedings under this Act, the court may make an order (a parentage testing order) requiring a parentage testing procedure to be carried out on a person mentioned in subsection (3) for the purpose of obtaining information to assist in determining the parentage of the child.

If the parentage of a child is a question in issue in proceedings under this Act, the court may make an order requiring any person to give such evidence as is material to the question.

(a) a person is a party to property settlement or spousal maintenance proceedings under this Part; and

This regulation provides a single court fees regulation for proceedings under the Family Law Act 1975 in the Family Court of Australia, the Federal Magistrates Court of Australia and other courts that exercise jurisdiction under that Act.

(4) The Supreme Court of a State or Territory shall not hear and determine proceedings under this Act instituted in or transferred to that Court otherwise than in accordance with any Proclamation in force under subsection (3), but nothing in this section invalidates a decree made by such a Supreme Court.

In proceedings under this Part, other than proceedings under section 78 or proceedings with respect to maintenance payable during the subsistence of a marriage, the court shall, as far as practicable, make such orders as will finally determine the financial relationships between the parties to the marriage and avoid further proceedings between them.

The main purpose of the Act is to amend the Adoption Act 2010 to provide: • that married parents may place a child for adoption, on a voluntary basis, in circumstances where both parents place the child for adoption and where both parents consent to the making of the adoption order; • for revised criteria so that where an application to adopt a child is made in respect of a child who is in the custody of and who has had a home with the applicants for a period of at least 18 months, and where that child's parents have failed in their parental duty towards that child for a continuous period of not less than 36 months, the High Court may dispense with parental consent and authorise the Adoption Authority to make an adoption order in respect of that child; • that the best interests of the child is the paramount consideration in relation to any matter, application or proceedings under the Adoption Act 2010 and that the views of the child shall be ascertained by the Adoption Authority or by the court, as the case may be, and shall be given due weight, having regard to the age and maturity of the child.

(1) A court that stayed the property settlement or spousal maintenance proceedings under section 90N must wholly or partially lift the stay if:

(a) made in property settlement proceedings under this Division in relation to the de facto relationship; and

(3) A court must, on the application of the proceeds of crime authority, stay de facto property settlement or maintenance proceedings under this Part if the property of the parties to the de facto relationship or either of them is covered by:

(1) A court exercising jurisdiction in proceedings under this Act may, by making a suppression order or non ‑ publication order on grounds permitted by this Part, prohibit or restrict the publication or other disclosure of:

(d) a subpoena issued under the applicable Rules of Court in proceedings under this Act other than a subpoena issued in, and so issued to a party to, proceedings that relate wholly or partly to, or to the making of, a parenting order; or

(5) If, before proceedings under this section in relation to an order made under section 90SM are completed, a party to the de facto relationship dies:

(c) an undertaking given to, and accepted by, the court in proceedings under this Act other than proceedings that relate wholly or partly to, or to the making of, a parenting order; or

(2) A court that stayed the de facto property settlement or maintenance proceedings under section 90VB may, on its own motion, wholly or partially lift the stay if the proceeds of crime authority consents to such a motion.

(4) A court must notify the proceeds of crime authority if the court stays de facto property settlement or maintenance proceedings under subsection (1) or (3).

(1) The proceeds of crime authority may intervene in any de facto property settlement or maintenance proceedings in relation to which a court is notified under section 90VA, or in any proceedings under section 90VB or 90VC in which the authority is not already a party.

(1) This section applies if a court exercising jurisdiction in proceedings under this Act is satisfied:

court exercising jurisdiction under this Act does not include a court exercising jurisdiction in proceedings under paragraph 79 (a).

(5) A court of summary jurisdiction must not hear or determine proceedings under this Act otherwise than in accordance with any Proclamation in force under subsection (3).

When the primary judge was hearing evidence in this matter the Native Title Act provided that, in conducting proceedings under the Act, the Federal Court, first [20], was «not bound by technicalities, legal forms or rules of evidence» and, secondly [21], «must pursue the objective of providing a mechanism of determination that is fair, just, economical, informal and prompt».

SERVICEMEMBERS CIVIL RELIEF ACT (SCRA)-- Military members enjoy legal protection from divorce proceedings under the Service Members Civil Relief Act.

(b) if the parties to the proceedings consent — to the extent that they are not proceedings under this Part.

This Part applies to proceedings in the Federal Magistrates Court other than proceedings under the Family Law Act 1975.

(1) This section applies if an independent children's lawyer is appointed to independently represent a child's interests in relation to proceedings under this Act.

(1) This section applies to proceedings under this Act in which a child's best interests are, or a child's welfare is, the paramount, or a relevant, consideration.

Note 2: This Part (other than Division 2: see section 33) applies to proceedings under the Child Support (Assessment) Act 1989 and the Child Support (Registration and Collection) Act 1988.

(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) attendance at family dispute resolution by parties to proceedings under the Family Law Act 1975; and

(iv) 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)-RRB- that the parties are ordered by the court to participate in; and

(1) This section applies if an independent children's lawyer is appointed for a child in relation to proceedings under this Act.

(1) This Subdivision applies to any proceedings under this Part in which the best interests of a child are the paramount consideration.

(2) The principal executive officer of a court that has jurisdiction under this Act must ensure that, if a person involved in proceedings under this Act requests an officer or staff member of the court for information about family counselling services or family dispute resolution services, the person is given documents containing information about those services.

Note 2: Subsection (1) does not prevent things said or admissions made by or in the company of family consultants from being admissible in proceedings other than proceedings under this Act.

Omit «paragraph 70NG (1)(c) of proceedings under Subdivision B», substitute «paragraph 70NEB (1)(c) of proceedings under Subdivision E».

(3) If the court adjourns the proceedings under subsection (2), the court must advise the parties to attend family counselling, or use the services of another appropriate person or organisation.

(1) The principal executive officer of a court that has jurisdiction under this Act must ensure that any person who is considering instituting proceedings under this Act is, on the first occasion the person deals with a registry of the court, given documents containing the information prescribed under:

(e) the use, for the purposes of proceedings under the Family Law Act 1975, by the Federal Magistrates Court and officers of the Court in family law and child support proceedings, 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 paragraphs (a), (b), (c) or (d).

(c) the giving of advice and assistance by family consultants to people involved in proceedings under the Family Law Act 1975; and

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).

1.17 The guideline may be of assistance in relation to families who are not subject of proceedings under the Family Law Act but who are involved with a Children's Contact Service by reason of a care and protection order made under relevant State legislation.

(d) the participation by parties to proceedings under the Family Law Act 1975 in courses, programs and other services that the parties are ordered by the court to participate in; and

you are an Independent Children's Lawyer appointed to represent a child's interests in proceedings under the Family Law Act (only exempt for Subpoena and Interim application fees), or

(1) The regulations may prescribe information that is to be included in documents provided under this Part to persons involved in proceedings under Part VII.

(d) to give the court the power to require parties to proceedings under this Act to make use of court or non-court based family services appropriate to the needs of the parties.