Commonwealth Consolidated Acts

FAMILY LAW ACT 1975 - SECT 102QAC

Making harmful proceedings orders

  (1)   A court exercising jurisdiction in proceedings under this Act may make an order (a harmful proceedings order ) prohibiting a party (the first party ) to the proceedings from instituting proceedings under this Act against another party to the proceedings without the leave of the court under section   102QAG, if the court is satisfied that there are reasonable grounds to believe that:

  (a)   the other party would suffer harm if the first party instituted further proceedings against the other party; or

  (b)   in the case of child - related proceedings (within the meaning of Part   VII)--the child who is the subject of the proceedings would suffer harm if the first party instituted further proceedings against the other party.

Note:   Proceedings includes cross - proceedings and incidental proceedings (see subsection   4(1)).

  (2)   For the purposes of subsection   (1), harm may include, but is not limited to, the following:

  (a)   psychological harm or oppression;

  (b)   major mental distress;

  (c)   a detrimental effect on the other party's capacity to care for a child;

  (d)   financial harm.

  (3)   In determining whether to make an order under subsection   (1), the court may have regard to:

  (a)   the history of the proceedings under this Act between the first party and the other party; and

  (b)   whether the first party has frequently instituted or conducted proceedings against the other party in any Australian court or tribunal (including proceedings instituted (or attempted to be instituted) or conducted, and orders made, before the commencement of this section); and

  (c)   the cumulative effect, or any potential cumulative effect, of any harm resulting from the proceedings referred to in paragraphs   (a) and (b).

  (4)   The court may make a harmful proceedings order on its own initiative or on application by a party to the proceedings.

  (5)   The court must not make a harmful proceedings order in relation to a person without hearing the person or giving the person an opportunity of being heard.

  (6)   An order made under subsection   (1) is a final order.

Order about notifying other party in relation to application for leave etc.

  (7)   If the court makes an order under subsection   (1), the court must also make an order as to whether the court is to notify the other party, in the event that the first party makes an application under section   102QAE for leave to institute proceedings against the other party, of either or both of the following:

  (a)   that the application has been made;

  (b)   if the application is dismissed--that the application has been dismissed.

  (8)   The court must have regard to the wishes of the other party in making an order under subsection   (7).