Commonwealth Numbered Acts

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FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA ACT 2021 (NO. 12, 2021) - SECT 132

Original jurisdiction--family law or child support matters

             (1)  The Federal Circuit and Family Court of Australia (Division 2) has original jurisdiction:

                     (a)  with respect to matters in respect of which proceedings may be instituted under the Family Law Act 1975 ; or

                     (b)  with respect to matters arising under the Marriage Act 1961 in respect of which proceedings (other than proceedings under Part VII of that Act) are instituted under that Act; or

                     (c)  with respect to matters arising under a law of a Territory (other than the Northern Territory) concerning:

                              (i)  the adoption of children; or

                             (ii)  the property of the parties to a marriage or either of them, being matters between those parties referred to in the definition of matrimonial cause in the Family Law Act 1975 ; or

                            (iii)  the rights and status of a person who is an ex-nuptial child, and the relationship of such a person to the person's parents; or

                     (d)  as is conferred on the Court, or in respect of which proceedings may be instituted in the Court, by:

                              (i)  the Child Support (Assessment) Act 1989 ; or

                             (ii)  the Child Support (Registration and Collection) Act 1988 .

             (2)  Subject to such restrictions and conditions (if any) in:

                     (a)  section 111AA of the Family Law Act 1975 ; or

                     (b)  regulations made under that Act; or

                     (c)  the related Federal Circuit and Family Court of Australia (Division 2) Rules, as defined by that Act;

the jurisdiction of the Federal Circuit and Family Court of Australia (Division 2) may be exercised in relation to persons or things outside Australia.

Note:          Division 4 of Part XIIIAA of the Family Law Act 1975 (international protection of children) may affect the jurisdiction of the Federal Circuit and Family Court of Australia (Division 2).



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