Document ID: chunk:federal_register_of_legislation:C2024A00118:clause:1_102nd
Version: federal_register_of_legislation:C2024A00118
Segment Type: clause
Provision Reference: sch 1 cl 102ND
Character Range: 36854–38784

102ND  Proceedings to which this Division applies
 (1) This Division applies to proceedings that are wholly under Part VII.
 (2) This Division also applies to proceedings between parties that are partly under Part VII:
 (a) to the extent the proceedings are under Part VII; and
 (b) to the extent the proceedings are not under Part VII if:
 (i) the parties consent to this Division applying to the proceedings to the extent the proceedings are not under Part VII; or
 (ii) the court orders that this Division applies to the proceedings to the extent the proceedings are not under Part VII (whether or not the parties consent).
 (3) This Division also applies to proceedings between parties that are not to any extent under Part VII if:
 (a) the parties consent to this Division applying to the proceedings; or
 (b) the court orders that this Division applies to the proceedings (whether or not the parties consent).
 (4) In deciding whether to make an order under subparagraph (2)(b)(ii), the court must have regard to the principles in section 102NE.
 (5) In deciding whether to make an order under paragraph (3)(b), the court must have regard to the principles in section 102NE (other than subsection (3), paragraph (5)(a) and subsection (6) of that section).
 (6) Proceedings to which this Division applies under subsection (1) or (2) are child‑related proceedings.
 (7) Proceedings to which this Division applies under subsection (3) are property or other non‑child‑related proceedings.
 (8) Consent given for the purposes of subparagraph (2)(b)(i) or paragraph (3)(a) must be:
 (a) free from coercion; and
 (b) given in the form prescribed by the applicable Rules of Court.
 (9) A party to proceedings may, with the leave of the court, revoke a consent given for the purposes of subparagraph (2)(b)(i) or paragraph (3)(a).

Subdivision B—Principles for conducting child‑related proceedings and property or other proceedings