Family Law Regulations 2024
The Law Council of Australia provided a submission to the Attorney-General’s Department in relation to its Consultation Paper on the exposure draft of the Family Law Regulations 2024. The FLS seeks to address some matters raised in the proposed amendments to the arbitration regulations.
The FLS commends the Australian Government on continuing to advance reforms in the complex area of family law and making family law arbitration a more attractive option to family law litigants.
By way of general comment, the FLS makes the following observations:
- The FLS notes that, contrary to previous iterations of the Family Law Regulations, internal references within this draft refer to ‘sections’ rather than ‘regulations’.
- The FLS submits that references to section and subsection should be amended to regulation and sub-regulation.
- Furthermore, there is inconsistent usage throughout this draft instrument of ‘this Act’ and ‘the Act’. Where ‘the Act’ is used, it is clear that reference is being made to the Family Law Act 1975. However, references to ‘this Act’ are ambiguous. It is expected that it is also a reference to the Family Law Act, however it may be meant to convey a reference to the instrument itself.
- The FLS submits that all references to ‘this Act’ should be amended either to ‘the Act’ where the reference is intended to be the Family Law Act or ‘this instrument’ where the reference is intended to be to the Family Law Regulations.
Read the full submission below.
Last Updated on 17/09/2024
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