Commonwealth Numbered Acts

FAMILY LAW ACT 1975 No. 53 of 1975 - SECT 44

44. (1) Subject to this section, proceedings under this Act shall be
instituted by application.

(2) A respondent may, in an answer to an application, include an application
for any decree or declaration under this Act.

(3) Where a decree nisi of dissolution of marriage or of nullity of marriage
has been made, proceedings of a kind referred to in sub-paragraph (c) (i) or
(ii) of the definition of ''matrimonial cause'' in sub-section 4 (1) (not
being proceedings seeking the discharge, suspension, revival or variation of
an order previously made in proceedings with respect to the maintenance of a
party) shall not be instituted after the expiration of 12 months after the
date of the making of the decree or the date of commencement of this Act,
whichever is the later, except by leave of the court in which the proceedings
are to be instituted.

(4) The court shall not grant leave under sub-section (3) unless it is
satisfied that hardship would be caused to a party to a marriage or to a child
of the marriage if leave were not granted.