MARRIAGE ACT 1961 - SECT 92 Declarations of legitimacy etc.

MARRIAGE ACT 1961 - SECT 92

  (1)   A person may apply to the Federal Circuit and Family Court of Australia (Division   1), the Federal Circuit and Family Court of Australia (Division   2) , a Family Court of a State or the Supreme Court of a State or Territory for an order declaring:

  (a)   that the person is the legitimate child of his or her parents; or

  (b)   that the person or his or her parent or child or a remoter ancestor or descendant is or was a legitimated person;

and the Court may, in its discretion, make the order.

  (2)   The Supreme Courts of the States and any Family Court of a State are invested with federal jurisdiction and jurisdiction is conferred, to the extent that the Constitution permits, on the Supreme Courts of the Territories, to hear and determine applications under this section.

  (4)   The Court to which an application under this section is made may:

  (a)   direct that notice of the application be given to such persons (who may include the Attorney - General of the Commonwealth or of a State or the Northern Territory ) as the Court thinks fit;

  (b)   direct that a person be made a party to the application; or

  (c)   permit a person having an interest in the matter to intervene in, and become a party to, the proceedings.

  (5)   Where the Court makes an order upon the application, it may include in the order such particulars in relation to the legitimacy or legitimation of the person to whom it relates as the Court finds to be established.

  (6)   An order made under this section binds the Crown in right of the Commonwealth or of a State or the Northern Territory, whether or not notice was given to the Attorney - General of the Commonwealth or of that State or Territory, but does not affect:

  (a)   the rights of another person unless that other person was:

  (i)   a party to the proceedings for the order or a person claiming through such a party; or

  (ii)   a person to whom notice of the application for the order was given or a person claiming through such a person; or

  (b)   an earlier judgment, order or decree of a court of competent jurisdiction, whether in exercise of federal jurisdiction or not.

  (7)   The Governor - General may, by Proclamation, fix a date as the date on and after which proceedings under this section may not be instituted in, or transferred to, the Supreme Court of a State or Territory specified in the Proclamation and that Supreme Court shall not hear and determine any such proceedings so instituted in, or transferred to, that Court on or after that date.