105Application of Family Law Act

#### 105 Application of Family Law Act (1) The Family Law Act 1975 (other than Division 4 of Part V of that Act), the standard Rules of Court, the Federal Circuit and Family Court of Australia (Division 1) Rules, the related Federal Circuit and Family Court of Australia (Division 2) Rules and any Rules made under section 123A of the Family Law Act 1975 apply, subject to this Act and with such modifications as are prescribed by the applicable Rules of Court, to proceedings under this Act (other than proceedings under subparagraph 113(c)(i)) as if: (a) the proceedings were proceedings under that Act; (b) the proceedings were proceedings instituted under that Act; (c) a court having or exercising jurisdiction in the proceedings were a court having or exercising jurisdiction under that Act; (d) a decree made in the proceedings were a decree made under that Act; (e) matters arising in the proceedings were matters arising under that Act; and (f) any other necessary changes were made. (1A) In the application of subsection (1) to proceedings under this Act in relation to a child, references in paragraphs (1)(a) to (e) (inclusive) to the Family Law Act 1975 are to be taken to be references to Part VII of that Act. (2) Where any difficulty arises in the application of subsection (1) in or in relation to a particular proceeding, the court exercising jurisdiction in the proceeding may, on the application of a party to the proceeding or of its own motion, give such directions, and make such orders, as it considers appropriate to resolve the difficulty.