Commonwealth Consolidated Regulations

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (FAMILY LAW) RULES 2021 - RULE 11.63

    This Division applies to an application for an order under the following:

  (a)   section   67X of the Family Law Act;

  (b)   Division   13A of Part   VII of that Act;

  (c)   Part   XIIIA of that Act.

Note 1:   Subsection   69C(2) of the Family Law Act specifies who may apply for an order in relation to a child. Subsection   67X(3) of the Family Law Act sets out the consequences of contravening subsection   67X(2) in relation to a recovery order. Division   13A of Part   VII of the Family Law Act sets out the consequences of failing to comply with an order or other obligation that affects children. Part   XIIIA of the Family Law Act sets out the sanctions the court may impose on a person who fails to comply with an order or other obligation that does not affect children.

Note 2:   The court:

(a)   must not impose a sentence of imprisonment:

(i)   for non - compliance with a maintenance order unless it is satisfied that the contravention was intentional or fraudulent (see subsections   70NCE(1) and 112AD(2A) of the Family Law Act); or

(ii)   if it considers that another consequence is more appropriate (see subsections   70NBF(4) and 112AE(2) of the Family Law Act); and

(b)   cannot enforce an order of another court unless the order is registered in the first - mentioned court (see section   105 of the Family Law Act and regulation   17 of the Family Law Regulations).