Anthony Chisholm (Queensland, Australian Labor Party, Assistant Minister for Education) Share this | Hansard source

The majority of stakeholders who commented on schedule 2 were supportive of a redraft of part VII, division 13A to improve readability and make the division easier to understand. The Law Council of Australia submitted:

… the proposed redraft streamlines and improves the readability of Division 13A, which will likely result in more consistent application by the courts of that Division and greater understanding by parties … as to the consequences of non-compliance with an order and initiation of unmeritorious contravention applications.

The Family Law Council also endorsed the redraft, noting that it shifts the focus to attempting to resolve the underlying issue that gave rise to the noncompliance and with the issue of a potential penalty to be considered as a last resort, consistent with ALRC recommendation 42. However, a number of stakeholders raised specific concerns about the operational cost orders in the enforcement regime and the duplicity of a cost order provision being contained in this division, when the courts have a general power to make orders for costs in section 117 of the act. This has been addressed by adopting the Senate committee recommendation 3 to remove cost orders from division 13A.