Family Dispute Resolution Act 2013

1: Title
This Act is the Family Dispute Resolution Act 2013.
2: Commencement
1: This Act (except sections 12 13
2: Sections 12 13
3: An order under this section is secondary legislation ( see Part 3 OIC LI 2014/93 2014-03-31 Family Dispute Resolution Act 2013 re section 2(2): sections 12 and 13 come into force on 31 March 2014. The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 2(2) brought into force 31 March 2014 clause 2 Family Dispute Resolution Act Commencement Order 2014 Section 2(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Preliminary provisions
3: Purposes
The purposes of this Act are—
a: to require the use of family dispute resolution in specified family disputes:
b: to provide for operational measures required for the use of family dispute resolution.
4: Interpretation
In this Act,— approved dispute resolution organisation section 6 family dispute section 46F(1) family dispute resolution
a: assisting parties to a family dispute to resolve the dispute without having to pursue court proceedings; and
b: ensuring that the parties' first and paramount consideration in reaching a resolution is the welfare and best interests of the children family dispute resolution form section 12(2), (4), (6), or (8) family dispute resolution provider FDR provider section 9 family violence section 9 Secretary Section 4 domestic violence repealed 1 July 2019 section 259(1) Family Violence Act 2018 Section 4 family violence inserted 1 July 2019 section 259(1) Family Violence Act 2018
5: Act binds the Crown
This Act binds the Crown. Dispute resolution organisations
6: Approval of dispute resolution organisations
1: The Secretary may, by notice in the Gazette
2: In deciding whether to approve an organisation under subsection (1), the Secretary must apply any criteria prescribed by regulations made under section 15(a)
3: An approval under subsection (1) may be made on any terms and conditions prescribed by regulations made under section 15(b)
7: Suspension or cancellation of approval of dispute resolution organisations
1: The Secretary may, by notice in the Gazette section 15(c)
2: If under subsection (1) the Secretary suspends the approval of an organisation, the organisation is not an approved dispute resolution organisation during the period for which the approval is suspended.
8: Effect of suspension or cancellation on FDR providers appointed by dispute resolution organisation
1: If the approval of an organisation as an approved dispute resolution organisation is suspended under section 7 suspension period
a: every appointment of an FDR provider made by the organisation under section 9(1)
b: all terms or conditions of an appointment continue to apply in respect of that appointment.
2: If the approval of an organisation as an approved dispute resolution organisation is cancelled under section 7
a: every appointment of an FDR provider made by the organisation under section 9(1)
b: the Secretary may—
i: perform oversight in respect of those FDR providers; or
ii: enter into an agreement with 1 or more other approved dispute resolution organisations for the performance of oversight in respect of those FDR providers. Family dispute resolution providers
9: Appointment of FDR providers
1: The Secretary or an approved dispute resolution organisation may appoint a person as a family dispute resolution provider if that person is qualified and competent to provide services intended to resolve family disputes.
2: In deciding whether a person meets the criteria in subsection (1), the Secretary or approved dispute resolution organisation must apply the qualification and competency requirements prescribed by regulations made under section 15(d) and (e)
3: An appointment under subsection (1) may be made on any terms and conditions that the Secretary or the approved dispute resolution organisation (as the case may be) thinks fit.
10: Suspension or cancellation of appointment of FDR providers
1: The Secretary may, on any ground prescribed by regulations made under section 15(f)
2: An approved dispute resolution organisation may, on any ground prescribed by regulations made under section 15(f)
11: Duties of FDR providers
1: An FDR provider must determine whether it is appropriate to start family dispute resolution for a family dispute.
2: If an FDR provider determines that it is appropriate to start family dispute resolution for a family dispute, the FDR provider must make every endeavour to—
a: identify the matters in issue between the parties; and
b: facilitate discussion between the parties in respect of those matters; and
ba: ensure that the children who are the subject of the dispute are given any reasonable opportunities to participate in the decisions affecting them that the FDR provider considers appropriate; and
c: assist the parties to reach an agreement on the resolution of those matters that best serves the welfare and best interests of all children involved in the dispute. Section 11(2)(ba) inserted 16 August 2023 section 11 Family Court (Supporting Children in Court) Legislation Act 2021 Family dispute resolution forms
12: Family dispute resolution forms
1: Subsection (2) applies when an FDR provider decides that it is inappropriate to start or continue family dispute resolution for a family dispute because—
a: at least 1 of the parties to the family dispute is unable to participate effectively in family dispute resolution; or
b: at least 1 of the parties to the family dispute, or a child of one of the parties, has been subject to family violence
c: a situation exists that gives the FDR provider reasonable grounds for deciding that family dispute resolution is inappropriate for the parties to the family dispute.
2: The FDR provider must give each of the parties to the family dispute a form that states that family dispute resolution is inappropriate for the dispute.
3: Subsection (4) applies when an FDR provider decides that it is inappropriate to start or continue with family dispute resolution for a family dispute because 1 of the parties to the family dispute refuses to attend or to continue to attend family dispute resolution.
4: The FDR provider must give every other party to the family dispute a form that states that family dispute resolution was not possible because 1 party refused to attend or to continue to attend family dispute resolution.
5: Subsection (6) applies when an FDR provider decides that a family dispute with which the provider is dealing is unable to be resolved within a reasonable time.
6: The FDR provider must give each of the parties to the family dispute a form that states—
a: the matters on which the parties reached, and did not reach, resolution while the FDR provider was dealing with the dispute; and
b: if proceedings are commenced, or have been commenced, whether, in the opinion of the provider,—
i: a settlement conference would be likely to facilitate settlement of the matters on which the parties did not reach resolution; and
ii: at least 1 of the parties would need legal representation at a settlement conference in order to participate effectively in that hearing.
7: Subsection (8) applies when an FDR provider and the parties agree that resolution has been reached on all matters in dispute.
8: The FDR provider must give each of the parties to the family dispute a form that states—
a: all of the matters on which resolution has been reached; and
b: the agreement reached in respect of those matters.
9: An FDR provider cannot be required to attend court to explain the opinion of the FDR provider given under subsection (6)(b). Section 12(1)(b) amended 1 July 2019 section 259(1) Family Violence Act 2018
13: Provision of family dispute resolution forms to court
1: If the parties have attended family dispute resolution pursuant to a direction made under section 46F section 12(2), (4), (6), or (8)
2: In any other case where the parties have attended family dispute resolution and proceedings have been commenced, the FDR provider must send to the court a copy of the form given to the parties under section 12(2), (4), (6), or (8)
a: requested to do so by the court; and
b: the request is received by the FDR provider no more than 12 months after completion of the family dispute resolution. Miscellaneous
14: Privilege
1: This section applies to a statement that a party to a family dispute makes to an FDR provider for the purpose of enabling the FDR provider to deal with the dispute.
2: No evidence of the statement is admissible in any court or before any person acting judicially, unless the statement is recorded in a family dispute resolution form.
3: An FDR provider commits an offence and is liable on conviction to a fine not exceeding $500 who discloses to any other person a statement made to the provider for the purpose of enabling the provider to deal with a family dispute.
4: However, an FDR provider does not commit an offence under subsection (3) if the disclosure of the statement is authorised by the person who made the statement.
15: Regulations
1: The Governor-General may, from time to time, by Order in Council, make regulations for all or any of the following purposes:
a: prescribing for the purposes of section 6(2)
b: prescribing for the purposes of section 6(3)
c: prescribing for the purposes of section 7
i: that the approval was given on the basis of information that was false or misleading in a material respect:
ii: that the organisation no longer satisfies any criteria for approval prescribed by regulations made under paragraph (a):
iii: that the organisation has requested the suspension or cancellation of the approval:
iv: that the organisation has been wound up or dissolved, or has otherwise ceased to exist:
v: that the organisation has breached a term or condition on which the organisation's approval was made:
d: prescribing for the purposes of section 9(2)
i: to be a member of a specified professional body:
ii: to have a specified qualification:
iii: to have a specified level of dispute resolution experience:
e: prescribing for the purposes of section 9(2)
f: prescribing for the purposes of section 10
i: was appointed on the basis of information that was false or misleading in a material respect:
ii: no longer meets the qualification and competency requirements for appointment prescribed by regulations made under paragraph (d):
iii: has become disqualified from appointment as an FDR provider by reason of any matter prescribed by regulations made under paragraph (e):
iv: has breached a term or condition on which the FDR provider's appointment was made.
2: Regulations under this section are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 15(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021


1: Title
This Act is the Family Proceedings Amendment Act (No 2) 2013.
2: Commencement
This Act comes into force on 1 October 2014 Section 2 brought into force 31 March 2014 Family Proceedings Amendment Act (No 2) 2013 Commencement Order 2014
3: Principal Act
This Act Family Proceedings Act 1980 principal Act OIC LI 2014/94 2014-03-31 Family Proceedings Act 1980 unless it is earlier brought into force on a date appointed by the Governor-General by Order in Council
4: Section 2 amended (Interpretation)
In section 2
a: approved marriage or civil union guidance organisation or counselling organisation
b: attachment order
c: charging order
d: child of the civil union
e: counsellor
f: employer
g: family chattels
h: family home
i: mediation conference
j: salary wages
5: Section 5 repealed (Marriage or civil union guidance or counselling organisations)
Repeal section 5
6: Part 2 repealed
Repeal Part 2
7: Section 160 amended (Applications may be heard together)
In section 160(1) Care of Children Act 2004 or under the
8: Section 162 replaced (Appointment of barrister or solicitor to assist court or represent children)
Replace section 162
162: Appointment of lawyer to represent child in proceedings
1: In any proceedings under this Act (other than criminal proceedings), a court may appoint a lawyer to represent any child who is—
a: the subject of the proceedings; or
b: a party to the proceedings.
2: An appointment under subsection (1)
162A: Appointment of lawyer to assist court
In any proceedings under this Act (other than criminal proceedings), a court may—
a: appoint a lawyer to assist the court; or
b: direct the Registrar of the court to appoint a lawyer to assist the court.
162B: Fees and expenses of lawyer appointed under section 162 or 162A
1: The fees and expenses of a lawyer appointed under section 162 or 162A must—
a: be determined in accordance with regulations made under section 16D of the Family Courts Act 1980 or, if no such regulations are made, by the Registrar of the court; and
b: be paid in accordance with that determination out of public money appropriated by Parliament for the purpose.
2: An invoice rendered by a lawyer appointed under section 162 or 162A for fees and expenses must be given to the Registrar of the court in which the proceedings were heard, and the Registrar may decide to adjust the amount of the invoice.
3: A lawyer who is dissatisfied with the decision of the Registrar as to the amount of the invoice may, within 14 days after the date of the decision, apply to a Family Court Judge to review the decision, and the Judge may on the application make any order varying or confirming the decision that the Judge considers fair and reasonable.
4: Where in any proceedings a lawyer has been appointed under section 162 or 162A and the fees and expenses relating to that appointment have been paid under subsection (1), the court must make an order under section 162C, unless the court declines to do so in accordance with that section.
5: However, no order under section 162C may be made—
a: against the Crown, whether acting through the department for the time being responsible for the administration of this Act or otherwise; or
b: in respect of an appointment under section 162A, where a lawyer has been appointed under that section to provide to the court independent legal advice on any complex legal issue.
162C: Order requiring reimbursement of costs payments
1: An order referred to in section 162B(4) must require the parties to reimburse to the Crown the prescribed proportion of the amount paid by the Crown, under section 162B(1)(b), in respect of the fees and expenses of a lawyer appointed under section 162 or 162A.
2: Despite subsection (1), the court may decline to make an order against a party if satisfied that the order would cause serious hardship to the party or to a dependent child of the party.
3: Each party against whom an order is made under subsection (1)
4: Despite subsection (3), if the court is satisfied that, in view of the circumstances of the case, including the conduct of any party, it would be inappropriate to require a party to pay the amount payable in accordance with that subsection, the court may substitute, for that party, a different amount not exceeding the prescribed proportion.
5: In this section,— dependent child, prescribed proportion section 135A serious hardship
a: includes significant financial difficulties that arise because of—
i: the party's inability to meet minimum living expenses according to normal community standards; or
ii: the cost of medical treatment for an illness or injury of the party or a dependent child of the party; or
iii: a serious illness suffered by the party or by a dependent child of the party; or
iv: the cost of education for a dependent child of the party:
b: does not include significant financial difficulties that arise because—
i: the social activities and entertainment of the party or those of a dependent child of the party may be limited; or
ii: the party is unable to afford goods or services that are expensive or of a high quality or standard according to normal community standards.
162D: Enforcement of orders made under section 162C
1: The amount that a party is ordered to reimburse under section 162C is a debt due to the Crown by that party and may be enforced in a District Court or the High Court, as the case may require, in the same manner as a judgment of that court.
2: Despite section 113 or 123 of the District Courts Act 1947 or section 100A of the Judicature Act 1908, no court fee is payable by a person who seeks to enforce, on behalf of the Crown, an order referred to in subsection (1), but the fee that would otherwise be payable—
a: is to be added to the amount sought to be enforced; and
b: must be paid to the Registrar of the court out of any proceeds that result from the enforcement.
3: For the purposes of section 14(1)(b) of the Crown Proceedings Act 1950, the Secretary for Justice may, on behalf of the Crown, enforce a debt under this section.
9: Section 165 amended (Power of District Court or Family Court to call witnesses)
Replace section 165(4)
4: A witness called by the court under this section may be—
a: examined and re-examined by the court, or by a lawyer appointed to assist the court; and
b: cross-examined by or on behalf of any party to the proceedings.
10: Section 171 amended (Costs)
After section 171(2)
3: This section is subject to section 162B
11: Section 174 amended (Appeals from decisions of District Courts and Family Courts)
1: In section 174(1AA) (other than criminal proceedings or proceedings under section 130)
2: In section 174(1) subsection (1A) subsection (1AA)
3: Replace section 174(1A)
1A: However, no appeal may be made to the High Court under subsection (1) in relation to—
a: criminal proceedings; or
b: a decision under—
i: section 162
ii: section 162A
1B: The High Court Rules and sections 74 to 78 of the District Courts Act 1947, with all necessary modifications, apply to an appeal under subsection (1) as if it were an appeal under section 72 of that Act.
12: Section 187 amended (Regulations)
Repeal section 187(a), (ca), (cb), and (cc)
13: New sections 193 and 194 inserted
After section 192
193: Transitional provision for counselling or mediation arranged before commencement of Family Proceedings Amendment Act (No 2) 2013
If any counselling or mediation has been arranged under Part 2 before the date of commencement of the Family Proceedings Amendment Act (No 2) 2013
a: the counselling or mediation may be commenced or completed on or after the date of commencement of the Family Proceedings Amendment Act (No 2) 2013 Family Proceedings Amendment Act (No 2) 2013
b: the counselling or mediation may not be commenced or continued 4 months after the date of commencement of the Family Proceedings Amendment Act (No 2) 2013
194: Transitional provision for proceedings commenced before commencement of Family Proceedings Amendment Act (No 2) 2013
1: This section applies to proceedings under this Act that were commenced before the date of commencement of the Family Proceedings Amendment Act (No 2) 2013 pending proceeding
2: The following provisions do not apply to a pending proceeding:
a: section 162A
b: section 162B
c: section 162C
d: section 162D
3: Section 162, as in force immediately before the date of commencement of the Family Proceedings Amendment Act (No 2) 2013 Family Proceedings Amendment Act (No 2) 2013
14: Schedule 2 amended
In Schedule 2 Family Proceedings Amendment Act 2008 (2008 No 79) Family Proceedings Amendment Act 2013 (2013 No 47)


1: Title
This Act is the Legal Services Amendment Act (No 2) 2013.
2: Commencement
This Act comes into force on 1 October 2014 unless it is earlier brought into force on a date appointed by the Governor-General by Order in Council. Section 2 brought into force 31 March 2014 Legal Services Amendment Act (No 2) 2013 Commencement Order 2014
3: Principal Act
This Act Legal Services Act 2011 principal Act OIC LI 2014/95 2014-03-31 Legal Services Act 2011 unless it is earlier brought into force on a date appointed by the Governor-General by Order in Council. (refer section 2)
4: Section 7 amended (Proceedings for which legal aid may be granted: civil matters)
1: After section 7(3)
3A: Despite subsection (1), legal aid is only available in proceedings under the Care of Children Act 2004 that are to be heard and determined in a Family Court if—
a: a lawyer is acting in the proceedings as permitted by any of the following sections of that Act:
i: section 7A(2); or
ii: section 7A(4)(b)(ii) or (iii); or
iii: section 7A(4)(c); or
iv: section 7A(6); or
b: a lawyer is acting in the proceedings as permitted by section 7A(4)(a) or (b)(i) of that Act, but the proceedings are not of a kind specified in subsection (3B); or
c: a lawyer is providing legal advice to a party who—
i: has indicated at a settlement conference an intention to consent to the making of an order settling 1 or more of the issues in dispute in the proceedings; and
ii: has been advised by the Judge to obtain legal advice before that order is made.
3B: The kinds of proceedings referred to in subsection (3A)(b) are—
a: proceedings commenced by an application that—
i: affects the applicant only; or
ii: is in respect of a routine matter; or
iii: is about a matter that does not affect the interests of any other person; or
b: proceedings where every person in respect of whom the order is sought has either died or cannot be found.
2: After section 7(5)
6: Subsections (3A) and (3B) do not apply in respect of any proceedings commenced under the Care of Children Act 2004 before the date of commencement of section 5 of the Care of Children Amendment Act (No 2) 2013


1: Title
This Act is the Property (Relationships) Amendment Act (No 2) 2013.
2: Commencement
This Act comes into force on 1 October 2014 unless it is earlier brought into force on a date appointed by the Governor-General by Order in Council. Section 2 brought into force 31 March 2014 Property (Relationships) Amendment Act (No 2) 2013 Commencement Order 2014
3: Principal Act
This Act Property (Relationships) Act 1976 principal Act OIC LI 2014/96 2014-03-31 Property (Relationships) Act 1976 unless it is earlier brought into force on a date appointed by the Governor-General by Order in Council.
4: Section 22 amended (Jurisdiction)
Repeal section 22(3) to (5)
5: Section 37A amended (Court may appoint lawyer for children)
Replace section 37A(2)(a)
a: must be determined in accordance with regulations made under section 16D .
6: New section 38A and cross-heading inserted
After section 38 Transfer of proceedings
38A: Transfer of proceedings to High Court
1: A Family Court Judge may order the transfer of proceedings to the High Court if the Judge is satisfied that the High Court is the more appropriate venue for dealing with the proceedings.
2: In considering whether to make an order under subsection (1), the Judge must have regard to—
a: the complexity of the proceedings or of any question in issue in the proceedings:
b: any proceedings before the High Court that are between the same parties and that involve related issues:
c: any other matter that the Judge considers relevant in the circumstances.
3: An order may be made under subsection (1) on—
a: the application of a party to the proceedings; or
b: the court's initiative.
4: Any proceedings transferred to the High Court by an order made under subsection (1) continue in that court as if they had been properly commenced there.
7: Section 53 amended (Rules of court and regulations)
Repeal section 53(2A)(a)


1: Title
This Act is the Protection of Personal and Property Rights Amendment Act 2013.
2: Commencement
This Act comes into force on 1 October 2014 unless it is earlier brought into force on a date appointed by the Governor-General by Order in Council. Section 2 brought into force 31 March 2014 Protection of Personal and Property Rights Amendment Act 2013 Commencement Order 2014
3: Principal Act
This Act Protection of Personal and Property Rights Act 1988 principal Act OIC LI 2014/97 2014-03-31 Protection of Personal and Property Rights Act 1988 Brought into force on 31 March 2014 by LI 2014/97
4: Section 65 amended (Appointment of barrister or solicitor by court or Registrar)
1: Replace the heading to section 65 Appointment of lawyer to represent person in respect of whom application made
2: In section 65 barrister or solicitor lawyer
3: Repeal section 65(3)
4: In section 65(5) barristers or solicitors lawyers
5: Replace section 65(6)
6: An invoice rendered by a lawyer appointed under this section for fees and expenses must be given to the Registrar of the court in which the proceedings were heard, and the Registrar may decide to adjust the amount of the invoice.
6: In section 65(7) bill invoice
5: New sections 65A and 65B inserted
After section 65
65A: Appointment of lawyer to assist court
In any proceedings under this Act, a court may—
a: appoint a lawyer to assist the court; or
b: direct the Registrar of the court to appoint a lawyer to assist the court.
65B: Payment of lawyer appointed under section 65A
1: The fees and expenses of any lawyer appointed under section 65A must—
a: be determined in accordance with regulations made under section 16D of the Family Courts Act 1980 or, if no such regulations are made, by the Registrar of the court; and
b: be paid in accordance with that determination out of public money appropriated by Parliament for the purpose.
2: An invoice rendered by a lawyer appointed under section 65A for fees and expenses must be given to the Registrar of the court in which the proceedings were heard, and the Registrar may decide to adjust the amount of the invoice.
3: A lawyer who is dissatisfied with the decision of the Registrar as to the amount of the invoice may, within 14 days after the date of the decision, apply to a Family Court Judge to review the decision, and the Judge may on the application make any order varying or confirming the decision that the Judge considers fair and reasonable.
4: Where the fees and expenses of a lawyer appointed under section 65A have been paid under subsection (1)(b), the court may, if it thinks it appropriate, order a party to the proceedings to refund to the Crown an amount that the court specifies in respect of those fees and expenses, and the amount ordered to be refunded is a debt due to the Crown by that party and, in default of payment of that amount, payment may be enforced, by order of a District Court or the High Court, as the case may require, in the same manner as a judgment of that court.
6: Section 76 amended (Court may call for report on person)
1: In section 76 barrister or solicitor lawyer
2: In section 76(3)(b) section 65(3) section 65A
3: In section 76(6) section 65(3) section 65A
7: Section 78 amended (Power of court to call witnesses)
In section 78(3) , or by any barrister or solicitor assisting the court,
8: Section 79 amended (Attendance at hearings)
Replace section 79(1)(f)
f: a lawyer appointed under section 65A .
9: Section 88 amended (Procedure on review)
In section 88 65 65A
10: Section 112 amended (Regulations)
In section 112(a) barristers and solicitors lawyers