Exposure Draft: Family Law Regulations 2024

Closed 5 Sep 2024

Opened 1 Aug 2024

Contact

familylawregs@ag.gov.au

Feedback updated 28 Feb 2025

We asked

From 1 August to 5 September 2024, we sought public feedback on the Exposure Draft of the Family Law Regulations 2024 (exposure draft Regulations). This consultation was part of the work to review and remake the Family Law Regulations 1984 (1984 Regulations), which sunset on 1 April 2025. The exposure draft consultation process was a key opportunity to identify and address any sector concerns, and to ensure that the new Regulations are fit for purpose.

The 1984 Regulations support the operation of the Family Law Act 1975 by prescribing matters of practice and procedure. The exposure draft Regulations covered the same topics and remained substantively the same. However, changes were made to modernise, clarify and update provisions.

We sought feedback from interested stakeholder on all parts of the exposure draft Regulation. We highlighted in the consultation paper the areas of the exposure draft Regulations that had the most significant changes. These included:

  • arbitration provisions in Part 3
  • parentage testing provisions in Part 7
  • international conventions, international agreements and international enforcement in Part 10.

You said

We received 6 submissions through this formal consultation process. These were made by, or on behalf of, family law practitioners, arbitrators and mediators, professional and peak bodies, and the general public.

We also conducted targeted consultations, including with the family law courts, all states and territories, and relevant Commonwealth agencies. This ensured all references to legislation, practice and procedure were correct and updated where necessary. Targeted consultation helped us to identify and address any technical or policy issues to ensure the Regulations were fit for purpose.

Feedback was generally supportive of the exposure draft Regulations. It covered various topics including:

  •  arbitration
  • parentage testing
  • prescribed state and territory laws
  •  overseas maintenance orders.

Submissions also included helpful, technical suggestions to support improvements to the exposure draft Regulations.

We did

We have published submissions from authors who gave their permission.

Following the public consultation process on the exposure draft Regulations, we made amendments to reflect feedback received from stakeholders. We also made necessary technical amendments to the Regulations to reflect feedback from stakeholders. This included updating the numbering of provisions and reorganising groups of provisions to make clearer how they fit together.

The Federal Executive Council made the Family Law Regulations 2024 on 5 December 2024 and they will commence on 1 April 2025. To access them visit the Federal Register of Legislation. 

We thank everyone who took time to engage with us by providing their feedback.

Published responses

View submitted responses where consent has been given to publish the response.

Overview

The Attorney-General’s Department welcomes feedback from interested stakeholders on an exposure draft of the Family Law Regulations 2024.

The Family Law Regulations 1984 (the existing Regulations) are due to sunset on 1 April 2025. The department has been reviewing the existing Regulations with the intent to remake them prior to sunsetting. The existing Regulations support the operation of the Family Law Act by prescribing matters of practice and procedure, including:

  • relevant state and territory laws and agencies
  • protected names and symbols
  • requirements regarding family law arbitration
  • the conferral of family law jurisdiction on certain state or territory courts
  • requirements for parentage testing procedures
  • requirements for the registration of overseas orders
  • the process for overseas service of judicial documents
  • the process for the recovery abroad of maintenance.

The exposure draft Regulations cover these same topics and remain substantively the same as the existing Regulations. However, as the existing Regulations were made in 1984, drafting changes have been necessary to modernise, clarify and update provisions, and ensure they continue to operate effectively. Those parts of the new Regulations where more substantive changes are being made are outlined in the accompanying consultation paper.

Download the exposure draft: Family Law Regulations 2024

Note: the exposure draft Regulations may not necessarily reflect the scope of the final Regulations that are made after this consultation process.

Download our consultation paper

We have prepared a consultation paper to support the exposure draft Regulations. This consultation paper provides information on substantive changes within the exposure draft and we strongly encourage you to refer to this paper in conjunction with the exposure draft, when preparing your feedback.

Who we want to hear from

We welcome feedback from interested stakeholders, particularly legal professionals who regularly engage with the existing Regulations. Your feedback and perspectives are invaluable to ensuring the effective operation of the new Regulations.

Interests

  • Government
  • Legislation
  • Family