FAMILY LAW ACT 1975 No. 53 of 1975 - SECT 40 Jurisdiction of Family Court.

FAMILY LAW ACT 1975 No. 53 of 1975 - SECT 40

40. (1) The jurisdiction of the Family Court under this Act shall not be
exercised except in accordance with Proclamations under this section.

(2) The Governor-General may, by Proclamation, fix a date as the date on and
after which the jurisdiction of the Family Court under this Act may be
exercised in respect of all proceedings, or a class of proceedings, in such
States and Territories as are specified in the Proclamation.

(3) The Governor-General may, by Proclamation, fix a date as the date on and
after which proceedings under this Act may not be instituted in or transferred
to the Supreme Court of a State or Territory specified in the Proclamation, or
may be so instituted or transferred only where specified conditions are
complied with, and such a Proclamation may be expressed to apply only to
proceedings of specified classes and may be expressed to apply only to the
institution of proceedings in, or the transfer of proceedings to, a particular
Registry or Registries of a Supreme Court referred to in the Proclamation.

(4) The Supreme Court of a State or Territory shall not hear and determine
proceedings under this Act instituted in or transferred to that Court
otherwise than in accordance with any Proclamation in force under sub-section
(3), but nothing in this section invalidates a decree made by such a Supreme
Court.

(5) Proclamations under sub-sections (2) and (3) may be made from time to
time.

(6) A party to proceedings instituted or continued under this Act that are at
any time pending in the Supreme Court of a State or Territory, being
proceedings that could, at the date of the application under this sub-section,
have been instituted in the Family Court, may apply to the Family Court for an
order transferring the proceedings to the Family Court, and the Court may
order accordingly.

(7) The regulations may make provision in relation to matters arising in or in
connexion with the transfer of proceedings in accordance with an order under
sub-section (6).