//
© 2026 Zoe. All rights reserved.
Zoe is a legal information platform. Always consult the Federal Register of Legislation for authoritative text.
Commonwealth legislation
This Act has been repealed and is no longer in force. It is retained for historical reference.
These Regulations set out the detailed court rules and administrative steps for running family‑law cases under the Family Law Act 1975 — how proceedings are started, served, pleaded and heard; what forms, filings and time limits apply; how evidence, discovery and welfare reports are handled; and how orders are enforced (garnishment, seizure, sequestration) and registered overseas. They affect parties, their lawyers, court registrars and third parties (for example, garnishees) by imposing compliance duties, deadlines, fees/penalties and by vesting practical decision‑making in judges and registrars.
Want the full deep dive?
Zoe can write the in-depth analysis on top of the summary above: how it works, who it affects and what each part actually does.
Direct links to the current provisions in Family Law Regulations.
Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.
Statutory Rules
1975 No. 210
FAMILY LAW REGULATIONS
TABLE OF PROVISIONS
Part I—Preliminary
Regulation
1. Citation
2. Commencement
3. Savings
4. Interpretation
5. Directions as to practice and procedure
6. Requirements with respect to documents
7. Filing of documents
8. Sealing of documents
9. Date of filing
10. Forms and compliance therewith
11. Time to run during court vacation
12. Court or registrar may extend or abridge time
13. Extension or abridgement of lime by consent
14. Non-compliance with Regulations
15. Court or registrar may relieve from consequences of non-compliance
16. Stay of proceedings
Part II— Conciliation
17. Nomination of person to assist reconciliation
18. Notice seeking counselling
19. Advice as to effect of proceedings
20. Oath or affirmation of marriage counsellor
Part III—The Family Court of Australia
21. Application of regulations, &c.
22. Seals
23. Oaths and affirmations
24. Record of proceedings
25. Exhibits
26. Decrees to be recorded
27. Sittings, vacations and holidays
28. Service on Sundays, &c.
29. Publication of judgments
Part IV—Institution of Proceedings
30. Institution of proceedings
31. How proceedings intituled
32. Proceedings to be numbered
33. Application for dissolution of marriage
34. Application for annulment of marriage
35. Application for declaration under section 113
36. Applications other than for principal relief
37. Service of applications
38. Date of hearing
39. Child subject to child welfare order
40. Marriage certificate to be filed with application
41. Time for answer to application for a divorce or nullity
Part V—Ex Parte Orders
42. Ex parte orders
Table of Provisions—continued
Part VI—Service
Regulation
43. Address for service
44. Manner of service
45. Personal service
46. Acknowledged service by post
47. When service effected if posted to address for service, &c.
48. Service in Convention countries
49. Dispensing with service
50. Service of applications for dissolution and nullity
51. Service of other applications
52. Proof of personal service of document
53. Proof of service of document by post
54. Proof of service of document by posting or delivery to an address
55. Service of pleadings
Part VII—Further Pleadings
56. Answer
57. Answer under protest
58. Affidavit in answer
59. When allegations in pleading deemed to be admitted
60. Withdrawal of pleading
61. Amendments of pleadings
62. Failure to file answer within due time
Part VIII—Affidavits
63. Affidavits
64. Document to be produced if extract set out in affidavit
65. Before whom affidavit may be sworn
66. Affidavit made by two or more deponents
Part IX—Young Persons and Persons of Unsound Mind
67. Parties under 18 years of age
68. Service of applications on persons of unsound mind
69. When service on person of unsound mind deemed not to have been effected
70. Institution or continuance of proceedings by a person of unsound mind
71. Intervention by person of unsound mind
72. Application of Regulations to persons of unsound mind
73. Attorney-General may appoint guardian ad litem of person of unsound mind
74. Appointment of person or corporation as guardian ad litem of person of unsound mind
75. Removal of guardian ad litem
76. Notice of appointment of guardian ad litem
77. Default in pleading by person of unsound mind
Part X— Interventions
78. Intervention by Attorney-General
79. Intervention by other persons
80. Directions where intervention
Part XI— Ancillary Procedures
81. On hearing of proceeding further applications may be made
82. Particulars
83. Discovery
84. Affidavit of discovery
85. Mutual and informal discovery and inspection
86. Discovery of particular document
87. Failure to discover documents
88. Inspection of documents
89. Copies of certain books
90. Privilege
91. Direction to answer specific questions
92. Production of documents from persons other than parties
93. Particulars as to employment
94. Admissions and notices to admit
95. Notice to produce documents, &c.
96. Conferences between parties
97. In financial matters, applicant to file statement of financial circumstances
Table of Provisions—continued
Part XI—continued
Regulation
98. Statement by respondent
99. Financial enquiry on behalf of the court
100. Consolidation of proceedings
101. Change of venue
102. Transfer of proceedings to the Family Court
103. Transmission of court papers
Part XII—Hearing and Evidence
104. Right of appearance
105. Right to be present
106. Hearing of undefended applications for divorce
107. Hearing of applications for nullity or defended divorce
108. Hearing of other applications
109 .Consent orders
110. Addresses
111. Court may call evidence
112. Separate representation of children
113. Summons to appear and produce documents
114. Duty of witness to attend and remain in attendance
115. Expenses for witnesses
116. Children at court
117. Reports of welfare officers
118. Orders for examination of witnesses and letters of request
119. Powers of registrar in hearing applications
Part XIII—Appeals
120. Appeals to Full Court of the Family Court
121. Appeal papers and fixing of hearing
122. Appeals from courts of summary jurisdiction
123. Review of decision of registrar
Part XIV—Decrees
124. Decree of dissolution of marriage
125. Decree of nullity
126. Death of party after decree nisi but before decree absolute
127. Decree absolute
128. Certificate of decree or order
129. Registration of decrees
130. Rescission where parties reconciled
131. Rescission of decree nisi on grounds of miscarriage of justice
Part XV—Enforcement
132. Enforcement of maintenance, fines and penalties
133. Oral examination
134. Garnishment
135. Seizure of property
136. Sequestration of estate
137. Procedure on contempt charges
138. Certificate as to payments under maintenance order
139. Interstate enforcement of affiliation and similar orders
Part XVI—Overseas Order
140. Registration of overseas custody orders
141. Transmission of Australian custody orders to overseas country
142. Reciprocating countries
143. Countries with restricted reciprocity
144. Registration of overseas maintenance orders
145. Transmission of orders made in Australia for enforcement in reciprocating countries
146. Confirmation of overseas maintenance orders
147. Power to make provisional order against person in reciprocating country
148. Proceedings for enforcement of overseas maintenance order
149. Cancellation of registration in reciprocating country
150. Cancellation of registration of overseas maintenance order
Table of Provisions—continued
Part XVI—continued
Regulation
151. Party in Australia may apply to vary, &c., overseas maintenance order
152. Discharge, &c., of overseas maintenance order made in absence of party
153. Certain orders to be provisional only
154. Confirmation of variations made provisionally in overseas country
155. Registration of overseas maintenance agreements
156. Transmission of maintenance agreements to prescribed overseas country
Part XVII—Registrars andRegistries
157. Exercise of powers and functions of registrar
158. Seal
159. Records, registers and indexes
160. Central registry of decrees
161. Records of court
162. Searches
163. Record of proceedings transferred
164. Copies of orders to be served on authorities
Part XVIII—Miscellaneous
165. Change of solicitor
166. Legal practitioner not to act for adverse parties
167. Consumer price index and social security benefits
168. Registration of custody orders
169. Registration of maintenance agreements
170. Prescribed overseas country
171. Conversion of currency
172. Documents not in English language
Part XIX—Costs
173. Order for costs by court
174. Solicitor and client costs
175. Order for payment of costs
Schedule
Forms
Statutory Rules
1975 No. 210
REGULATIONS UNDER THE FAMILY LAW ACT 1975.*
I, THE GOVERNOR-GENERAL of Australia, acting with the advice of the Executive Council, hereby make the following Regulations under the Family Law Act 1975.
Dated this twenty-seventh day of November, 1975.
JOHN R. KERR
Governor-General.
By His Excellency’s Command,
IVOR J. GREENWOOD
Attorney-General.
_________
FAMILY LAW REGULATION
Part I—Preliminary
Citation.
Commencement.
Savings.
Interpretation
4.(1) In these Regulations, unless the contrary intention appears—
“ Act ” means the Family Law Act 1975;
“ address for service ” means, in relation to a party to proceedings, an address for service given in accordance with regulation 43;
“ answer ” means an answer filed by a respondent or an intervener, and includes a cross-application;
* Notified in the Australian Government Gazette on 28 November 1975.
“ applicant ” means a person who institutes or has instituted proceedings under the Act or is an applicant in pending proceedings under the repealed Act;
“ application ” means an application to a court for the purpose of instituting proceedings under the Act or an application to a registrar made under these Regulations;
“ Australian maintenance order ” means a maintenance order as defined in section 110 of the Act made by a court having jurisdiction under the Act, but does not include an overseas maintenance order, registered or confirmed in accordance with these Regulations by such a court;
“ certified copy ” means a copy of an order, decree or document certified to be a true copy by an officer of the court that made the order or by which the order has been registered or confirmed or, in the case of an overseas order, by the Secretary;
“ Chief Judge ” has the same meaning as in Part IV of the Act;
“ filed ” means filed in the appropriate office of a court;
“ guardian ad litem ” includes next friend;
“ intervener ” means, in relation to proceedings, the Attorney-General or any other person when intervening or applying to intervene under section 91 or 92 of the Act, or a child separately represented under section 65 of the Act;
“ party to proceedings ” means an applicant, respondent or intervener in proceedings under the Act;
“ pleading ” means an application, answer, affidavit or document filed by an applicant, respondent or intervener;
“ Principal Registrar ” means the Registrar of the Principal Registry of the Family Court;
“ registrar ” includes, in relation to a court of summary jurisdiction, the clerk of the court, clerk of petty sessions or other person holding or performing the duties of a similar office in the court;
“ respondent ” means, in relation to proceedings, a party to the proceedings other than an applicant or an intervener;
“ sealed ” means sealed with the seal of the court or otherwise endorsed by an officer of the court;
“ Secretary ” means the Secretary to the Attorney-General’s Department;
“ stamped envelope ” means an envelope having impressed on it or affixed to it postage stamps that are valid in Australia for the correspondence of private individuals and the value of which is not less than the postage payable for the transmission of a letter weighing not less than 20 grams posted in Australia to an address in Australia;
“ State Family Court ” means a court to which section 41 of the Act applies.
(2) A reference in these Regulations, other than Part III and regulations 101, 102, 120, 121 and 160, to the Family Court shall be read as including a reference to a State Family Court.
Direction as to practice and procedure
5. (1) Where a court is satisfied in the circumstances of a particular case that—
(a) the provisions of the Act and these Regulations do not make adequate provision for practice and procedure; or
(b) a difficulty arises or doubt exists as to practice and procedure,
the court may give such directions with respect to the practice and procedure to be followed in the case as the court considers necessary.
(2) In proceedings to which section 9 of the Act applies, the court or a registrar may give directions in all matters of practice and procedure.
(3) Directions under this regulation shall be directed to providing a speedy and inexpensive hearing of the matters in issue between the parties and shall be consistent with these Regulations.
Requirements with respect to documents.
6. (1) A pleading, deposition, certificate, decree, notice or other document required or allowed by these Regulations to be filed or delivered to or served on a person for use in or in connexion with proceedings shall, unless the nature of the document renders it in any respect impracticable or these Regulations otherwise provide—
(a) be legibly and clearly typewritten, or printed, without blotting, erasure or such alterations as cause material disfigurement;
(b) have a space of not less than 6 millimetres between each line;
(c) be upon white paper of good and durable quality and capable of receiving ink writing, being paper of the size known as International A4;
(d) be written upon one side only of the paper with an adequate margin on the left hand side of the paper;
(e) be folded lengthwise;
(f) have each page numbered; and
(g) have a backsheet upon which appears the number and title of the proceedings, a short description of the document, and the name, address and telephone number of the party or his solicitor.
(2) Nothing in this regulation prevents the filing of a copy of a document produced by a photographic process if the photographic reproduction is clearly legible and the paper is of a size and quality similar to that specified in sub-regulation (1).
(3) A form prescribed by these Regulations that is printed by the Government Printer shall be deemed to comply with paragraph (1) (b) notwithstanding that the space between the lines is less than 6 millimetres.
Filing of documents.
7. (1) Subject to this regulation, where a document relating to proceedings is required by these Regulations to be filed, the document shall, unless the contrary intention appears, be filed in the office of the court in which the application instituting the proceedings was filed.
(2)Where proceedings have been transferred from a court to another court under sub-section 40 (6) or section 45 or 46 of the Act, a document relating to the proceedings shall be filed in the office of the court to which the proceedings have been transferred.
(3)Where a decree, custody order, overseas custody order, maintenance agreement, overseas maintenance agreement, or a maintenance order made by a court of a reciprocating country or country with restricted reciprocity, has been registered in a court in accordance with the provisions of the Act or these Regulations, a document relating to the enforcement of the decree, order or agreement shall be filed in the office of the court in which it is so registered as soon as practicable after the decree, order or agreement has been registered.
(4) During the hearing of any proceedings by a court or registrar, a document relating to the proceedings may, by leave of the court or a registrar, be filed with the court or with the registrar.
(5
This is an opening excerpt, not the complete document.