2004-2005

 

 

 

 

 

THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA

 

 

 

 

 

HOUSE OF REPRESENTATIVES

 

 

 

 

 

 

FAMILY LAW AMENDMENT BILL 2005

 

 

 

 

 

SUPPLEMENTARY EXPLANATORY MEMORANDUM

 

 

 

Amendments and New Clauses to be Moved on Behalf of the Government

 

 

 

 

 

 

(Circulated by authority of the Attorney-General,

the Honourable Philip Ruddock MP)

 

 

 

 

 

 

FAMILY LAW AMENDMENT BILL 2005

 

OUTLINE

The Family Law Amendment Bill 2005 (the Bill) makes a number of diverse amendments to the Family Law Act 1975 (the Act), mainly in the nature of procedural and technical changes to clarify and improve the operation of the Act. 

These Government amendments amend section 66X in Part 14 of the Bill.

Section 66X in Part 14 of the Bill allows the court to make orders for recovery of payments made or property transferred by a person under a child maintenance order, in circumstances where it is later found that the person was not liable to support the child as they were not the child’s biological parent. 

The Government amendments remove the amendments to subsection 66X(2) that were passed by the Senate on a Democrat motion, and substitute Government amendments to that subsection. 

The Government amendments will allow the court to recognise that, while a person seeking recovery of moneys paid or property transferred under a child maintenance order is entitled to recovery of that money or property if they are found not to be a parent or step-parent liable to support the child, it might be appropriate in exceptional circumstances to reduce the amount to be repaid, or the value of the property to be restored.

FINANCIAL IMPACT STATEMENT

These Government amendments will have no financial impact.

NOTES ON CLAUSES

Clause 1 -  substitution to subsection 66X(2)

1.       Clause 1 of the Government amendments amends the wording of subsection 66X(2) so that the court must make such order as it considers just and equitable for repayment to the maintenance provider of monies paid or property transferred under a child maintenance order in applicable circumstances under that section.

Clause 2 - substitution to paragraphs 66X(2)(a) and (b)

2.       The amendments support the amendments in clause 1 to subsection 66X(2), and insert additional wording after paragraph 66X(2)(b) to specify that that the court has a discretion to order repayment of less than the full amount of monies paid, or return of less than the full value of property transferred under a child maintenance order in exceptional circumstances.   These circumstances might include, for example, the situation where the likely effect of ordering recovery of the full amount of child maintenance monies paid under the purported order would be to render the original beneficiary of those monies bankrupt.