Section 102NJ — Family Law Act 1975 (Cth)

(1) If, at any time after the commencement of child‑related proceedings or property or other non‑child‑related proceedings and before making final orders, the court considers that it may assist in the determination of the dispute between the parties, the court may do any or all of the following:

(a) make a finding of fact in relation to the proceedings;

(b) determine a matter arising out of the proceedings;

(c) make an order in relation to an issue arising out of the proceedings.

Note: For example, the court may choose to use this power if the court considers that making a finding of fact at a particular point in the proceedings will help to focus the proceedings.

(2) Subsection (1) does not prevent the court doing something mentioned in paragraph (1)(a), (b) or (c) at the same time as making final orders.

(3) To avoid doubt, a person who exercises a power under subsection (1) in relation to proceedings is not, merely because of having exercised the power, required to be disqualified from a further hearing of the proceedings.

Related sections

• s 102NF — This Division also applies to proceedings in Chambers
• s 102NG — Powers under this Division may be exercised on court’s own initiative
• s 102NH — General duties
• s 102NK — Use of family consultants
• s 102NL — Rules of evidence not to apply unless court decides
• s 102NM — Evidence of children

Research how courts apply s 102NJ

BriefBridge searches Australian caselaw by meaning — every answer cited to the paragraph.