132Original jurisdiction—family law or child support matters

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).