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This is a Bill, not an Act. For current law, see the Acts databases.
JURISDICTION OF COURTS (FAMILY LAW) BILL 2005
2004-2005
The Parliament of the
Commonwealth of Australia
THE SENATE
Presented and read a first time
Jurisdiction of Courts (Family Law) Bill
2005
No. , 2005
(Attorney-General)
A Bill for an Act to amend the Family Law Act
1975, and for related purposes
Jurisdiction of Courts (Family Law) Bill 2005 No. , 2005 ii
Contents
1 Short
title...........................................................................................1
2 Commencement.................................................................................1
3 Schedule(s) ........................................................................................2
Schedule 1--Amendments
3
Part 1--Amendments relating to the Magistrates Court of
Western Australia
3
Child Support (Assessment) Act 1989
3
Child Support (Registration and Collection) Act 1988
4
Family Law Act 1975
5
Part 2--Technical amendments
10
Family Law Act 1975
10
Jurisdiction of Courts (Family Law) Bill 2005 No. , 2005 1
A Bill for an Act to amend the Family Law Act
1
1975, and for related purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act may be cited as the Jurisdiction of Courts (Family Law)
5
Act 2005.
6
2 Commencement
7
(1) Each provision of this Act specified in column 1 of the table
8
commences, or is taken to have commenced, in accordance with
9
column 2 of the table. Any other statement in column 2 has effect
10
according to its terms.
11
12
2 Jurisdiction of Courts (Family Law) Bill 2005 No. , 2005
Commencement information
Column 1
Column 2
Column 3
Provision(s)
Commencement
Date/Details
1. Sections 1 to 3
and anything in
this Act not
elsewhere
covered by this
table
The day on which this Act receives the
Royal Assent.
2. Schedule 1,
Part 1
A single day to be fixed by Proclamation.
However, if any of the provision(s) do not
commence within the period of 6 months
beginning on the day on which this Act
receives the Royal Assent, they commence
on the first day after the end of that period.
3. Schedule 1,
item 28
Immediately after the commencement of
item 83 of Schedule 1 to the Family Law
Amendment Act 2005.
3 August 2005
4. Schedule 1,
item 29
Immediately after the commencement of
item 126 of Schedule 1 to the Family Law
Amendment Act 2005.
3 August 2005
5. Schedule 1,
item 30
Immediately after the commencement of
item 127 of Schedule 1 to the Family Law
Amendment Act 2005.
3 August 2005
Note:
This table relates only to the provisions of this Act as originally
1
passed by the Parliament and assented to. It will not be expanded to
2
deal with provisions inserted in this Act after assent.
3
(2) Column 3 of the table contains additional information that is not
4
part of this Act. Information in this column may be added to or
5
edited in any published version of this Act.
6
3 Schedule(s)
7
Each Act that is specified in a Schedule to this Act is amended or
8
repealed as set out in the applicable items in the Schedule
9
concerned, and any other item in a Schedule to this Act has effect
10
according to its terms.
11
Amendments Schedule 1
Amendments relating to the Magistrates Court of Western Australia Part 1
Jurisdiction of Courts (Family Law) Bill 2005 No. , 2005 3
1
Schedule 1--Amendments
2
Part 1--Amendments relating to the Magistrates
3
Court of Western Australia
4
Child Support (Assessment) Act 1989
5
1 After subsection 102A(1)
6
Insert:
7
(1A) An appeal lies, with the leave of the Family Court, to the Family
8
Court from:
9
(a) a decree of the Magistrates Court of Western Australia
10
constituted by a Family Law Magistrate of Western Australia
11
exercising original jurisdiction under this Act; or
12
(b) a decree or decision of a Family Law Magistrate of Western
13
Australia exercising in the Magistrates Court of Western
14
Australia original jurisdiction under this Act rejecting an
15
application that he or she disqualify himself or herself from
16
further hearing a matter.
17
Note 1: The heading to section 102 is altered by adding at the end "and the Magistrates Court
18
of Western Australia".
19
Note 2: The heading to section 102A is altered by adding at the end "and the Magistrates
20
Court of Western Australia".
21
2 Subsections 102A(2), (4), (5), (6), (7) and (9)
22
After "subsection (1)" (wherever occurring), insert "or (1A)".
23
3 At the end of section 103
24
Add:
25
(5) If, in proceedings in the Magistrates Court of Western Australia
26
constituted by a Family Law Magistrate of Western Australia,
27
being proceedings in which a decree to which subsection
28
102A(1A) applies could be made, a question of law arises which:
29
(a) the Magistrate; and
30
(b) at least one of the parties;
31
wish to have determined by a Full Court of the Family Court
32
before the proceedings are further dealt with:
33
Schedule 1 Amendments
Part 1 Amendments relating to the Magistrates Court of Western Australia
4 Jurisdiction of Courts (Family Law) Bill 2005 No. , 2005
(c) the Magistrate must state the facts and question in the form of
1
a special case for the opinion of a Full Court; and
2
(d) a Full Court must hear and determine the question.
3
(6) The Full Court may draw, from the facts and the documents, any
4
inference, whether of fact or of law, that could have been drawn
5
from them by the Magistrate.
6
4 Before subsection 105(1)
7
Insert:
8
(1A) This section does not apply to a decree of the Magistrates Court of
9
Western Australia constituted by a Family Law Magistrate of
10
Western Australia.
11
Note:
Appeals from these decrees are dealt with in section 102A.
12
Child Support (Registration and Collection) Act 1988
13
5 Subsection 4(1)
14
Insert:
15
Family Law Magistrate of Western Australia has the same
16
meaning as in the Family Law Act 1975.
17
6 After subsection 107A(1)
18
Insert:
19
(1A) An appeal lies, with the leave of the Family Court, to the Family
20
Court from:
21
(a) a decree of the Magistrates Court of Western Australia
22
constituted by a Family Law Magistrate of Western Australia
23
exercising original jurisdiction under this Act; or
24
(b) a decree or decision of a Family Law Magistrate of Western
25
Australia exercising in the Magistrates Court of Western
26
Australia original jurisdiction under this Act rejecting an
27
application that he or she disqualify himself or herself from
28
further hearing a matter.
29
Note 1: The heading to section 107 is altered by adding at the end "and the Magistrates Court
30
of Western Australia".
31
Note 2: The heading to section 107A is altered by adding at the end "and the Magistrates
32
Court of Western Australia".
33
Amendments Schedule 1
Amendments relating to the Magistrates Court of Western Australia Part 1
Jurisdiction of Courts (Family Law) Bill 2005 No. , 2005 5
7 Subsections 107A(2), (4), (5), (6), (7) and (9)
1
After "subsection (1)" (wherever occurring), insert "or (1A)".
2
8 At the end of section 108
3
Add:
4
(5) If, in proceedings in the Magistrates Court of Western Australia
5
constituted by a Family Law Magistrate of Western Australia,
6
being proceedings in which a decree to which subsection
7
107A(1A) applies could be made, a question of law arises which:
8
(a) the Magistrate; and
9
(b) at least one of the parties;
10
wish to have determined by a Full Court of the Family Court
11
before the proceedings are further dealt with:
12
(c) the Magistrate must state the facts and question in the form of
13
a special case for the opinion of a Full Court; and
14
(d) a Full Court must hear and determine the question.
15
(6) The Full Court may draw, from the facts and the documents, any
16
inference, whether of fact or of law, that could have been drawn
17
from them by the Magistrate.
18
9 Before subsection 110(1)
19
Insert:
20
(1A) This section does not apply to a decree of the Magistrates Court of
21
Western Australia constituted by a Family Law Magistrate of
22
Western Australia.
23
Note:
Appeals from these decrees are dealt with in section 107A.
24
Family Law Act 1975
25
10 Subsection 4(1)
26
Insert:
27
Family Law Magistrate of Western Australia means a person who
28
holds office concurrently:
29
(a) as a magistrate under the Magistrates Court Act 2004 of
30
Western Australia; and
31
Schedule 1 Amendments
Part 1 Amendments relating to the Magistrates Court of Western Australia
6 Jurisdiction of Courts (Family Law) Bill 2005 No. , 2005
(b) as the Principal Registrar, or as a Registrar, of the Family
1
Court of Western Australia.
2
11 Subsection 39(7)
3
Repeal the subsection, substitute:
4
(7) The Governor-General may, by Proclamation, fix a day as the day
5
on and after which proceedings in relation to matters arising under
6
this Part may not be instituted in, or transferred to, a court of
7
summary jurisdiction in a specified State or Territory.
8
(7AAA) Without limiting the generality of subsection (7), a Proclamation
9
under that subsection may be expressed to apply only in relation to
10
one or more of the following:
11
(a) proceedings of specified classes;
12
(b) the institution of proceedings in, or the transfer of
13
proceedings to, a court of summary jurisdiction in a specified
14
part of a State or Territory;
15
(c) the institution of proceedings in, or the transfer of
16
proceedings to, a court of summary jurisdiction constituted in
17
a specified way.
18
12 Subsection 46(1)
19
Omit "$20,000", substitute "the ceiling amount".
20
13 After subsection 46(1)
21
Insert:
22
(1AA) For the purposes of subsection (1), the ceiling amount is:
23
(a) if the court of summary jurisdiction is the Magistrates Court
24
of Western Australia constituted by a Family Law Magistrate
25
of Western Australia--the amount specified in the
26
regulations; or
27
(b)
otherwise--$20,000.
28
14 After subsection 46(2A)
29
Insert:
30
(2B) Subsection (2A) does not apply if the court is the Magistrates
31
Court of Western Australia constituted by a Family Law
32
Magistrate of Western Australia.
33
Amendments Schedule 1
Amendments relating to the Magistrates Court of Western Australia Part 1
Jurisdiction of Courts (Family Law) Bill 2005 No. , 2005 7
15 Subsection 69J(4)
1
After "in relation to", insert "one or more of the following".
2
16 Paragraph 69J(4)(a)
3
Omit "or".
4
17 At the end of subsection 69J(4)
5
Add:
6
; (c) the institution of proceedings in, or the transfer of
7
proceedings to, a court of summary jurisdiction constituted in
8
a specified way.
9
18 Paragraph 69N(1)(a)
10
After "summary jurisdiction", insert "(other than the Magistrates Court
11
of Western Australia constituted by a Family Law Magistrate of
12
Western Australia)".
13
19 Paragraph 93A(1)(aa)
14
After "subsection 94AAA(1)", insert "or (1A)".
15
20 After subsection 94AAA(1)
16
Insert:
17
(1A) An appeal lies to the Family Court from:
18
(a) a decree of the Magistrates Court of Western Australia
19
constituted by a Family Law Magistrate of Western Australia
20
exercising original jurisdiction under this Act; or
21
(b) a decree or decision of a Family Law Magistrate of Western
22
Australia exercising in the Magistrates Court of Western
23
Australia original jurisdiction under this Act rejecting an
24
application that he or she disqualify himself or herself from
25
further hearing a matter.
26
Note 1: The heading to section 94 is altered by adding at the end "and the Magistrates Court
27
of Western Australia".
28
Note 2: The heading to section 94AAA is altered by adding at the end "and the Magistrates
29
Court of Western Australia".
30
21 Subsection 94AAA(2)
31
Omit "Subsection (1) has", substitute "Subsections (1) and (1A) have".
32
Schedule 1 Amendments
Part 1 Amendments relating to the Magistrates Court of Western Australia
8 Jurisdiction of Courts (Family Law) Bill 2005 No. , 2005
22 Subsections 94AAA(3), (5), (6), (7), (8) and (10)
1
After "subsection (1)" (wherever occurring), insert "or (1A)".
2
23 Subsection 94AA(1) (at the end of the table)
3
Add:
4
5
a prescribed decree of
the Magistrates Court
of Western Australia
constituted by a Family
Law Magistrate of
Western Australia
the Family Court
(a) a single Judge of
the Family Court
(who need not be a
member of the
Appeal Division);
or
(b) a Full Court of the
Family Court
24 Subsection 94AA(2A)
5
After "subsection 94AAA(1)", insert "or (1A)".
6
25 At the end of section 94A
7
Add:
8
(5) If, in proceedings in the Magistrates Court of Western Australia
9
constituted by a Family Law Magistrate of Western Australia,
10
being proceedings in which a decree or decision to which
11
subsection 94AAA(1A) applies could be made, a question of law
12
arises which:
13
(a) the Magistrate; and
14
(b) at least one of the parties;
15
wish to have determined by a Full Court of the Family Court
16
before the proceedings are further dealt with:
17
(c) the Magistrate must state the facts and question in the form of
18
a special case for the opinion of a Full Court of the Family
19
Court; and
20
(d) a Full Court of the Family Court must hear and determine the
21
question.
22
(6) The Full Court may draw from the facts and the documents any
23
inference, whether of fact or of law, which could have been drawn
24
from them by the Magistrate.
25
26 Before subsection 96(1)
26
Amendments Schedule 1
Amendments relating to the Magistrates Court of Western Australia Part 1
Jurisdiction of Courts (Family Law) Bill 2005 No. , 2005 9
Insert:
1
(1AA) This section does not apply to a decree of the Magistrates Court of
2
Western Australia constituted by a Family Law Magistrate of
3
Western Australia.
4
Note:
Appeals from these decrees are dealt with in section 94AAA.
5
27 Application
6
(1)
The amendments made by items 3, 5, 8, 10 to 18 and 25 apply to
7
proceedings instituted before or after the commencement of this Part in
8
the Magistrates Court of Western Australia constituted by a Family Law
9
Magistrate of Western Australia.
10
(2)
The amendments made by items 1, 2, 4, 6, 7, 9, 19, 20 to 24 and 26
11
apply to proceedings instituted after the commencement of this Part in
12
the Magistrates Court of Western Australia constituted by a Family Law
13
Magistrate of Western Australia.
14
Schedule 1 Amendments
Part 2 Technical amendments
10 Jurisdiction of Courts (Family Law) Bill 2005 No. , 2005
1
Part 2--Technical amendments
2
Family Law Act 1975
3
28 Paragraph 75(2)(g)
4
Omit "or" (second occurring).
5
29 Subsection 104A(2)
6
Omit "or" (second occurring).
7
30 Subsection 104A(3)
8
Omit "or" (second occurring).
9