FAMILY LAW ACT 1975 No. 53 of 1975 - SECT 9 Transitional.

FAMILY LAW ACT 1975 No. 53 of 1975 - SECT 9

9. (1) Subject to sub-section (2), pending proceedings for a decree of
dissolution of marriage or for a decree of nullity of marriage on the ground
that the marriage is voidable, and pending proceedings for a separation order,
may be continued and shall be dealt with as if this Act had not been passed.

(2) Where the parties have lived separately and apart for a continuous period
of not less than 12 months immediately preceding the date of commencement of
this Act, pending proceedings for a decree of dissolution of marriage shall,
if the applicant so requests, be dealt with as if they were proceedings
instituted under this Act on the ground referred to in section 48, and, in
relation to proceedings in which such a request is made, sub-section 48 (2)
has effect as if the proceedings for dissolution of marriage had been
instituted by an application filed on the date of commencement of this Act.

(3) Pending proceedings for a decree of nullity of marriage on the ground that
the marriage is void or proceedings of a kind referred to in paragraph
(b) of the definition of ''matrimonial cause'' in sub-section 4 (1) may be
continued and shall be dealt with as if they were proceedings instituted under
this Act.

(4) Pending proceedings constituting a matrimonial cause, not being
proceedings for principal relief, whether instituted under the repealed Act or
under the law of a State or Territory, may be continued and shall be dealt
with as if they were proceedings instituted under this Act.

(5) Sub-section 117 (1) does not apply to proceedings continued and dealt with
under this section.

(6) Where, in any proceedings constituting a matrimonial cause, a decree has
been made before the commencement of this Act-

   (a)  any appeal in respect of that decree may be continued or instituted;

   (b)  any new trial or re-hearing ordered upon the hearing of such an
        appeal, or upon an appeal heard before the commencement of this Act,
        may be had and completed; and

   (c)  any decree may be made upon any such appeal, new trial or re-hearing,
        and, if a decree so made is a decree nisi, the decree may become
        absolute, as if this Act had not been passed.

(7) Where, in any proceedings constituting a matrimonial cause, a decree nisi
was made before the commencement of this Act but did not become absolute
before that date, the decree becomes absolute upon-

   (a)  the expiration of 1 month from the date of making of the decree;

   (b)  the expiration of 1 month from the date of making of a relevant order
        under sub-section 71 (1) of the repealed Act or section 63 of this
        Act; or

   (c)  the date of commencement of this Act, whichever is the latest.

(8) The law to be applied, and the practice and the procedure to be followed,
in and in relation to pending proceedings that are continued as if this Act
had not been passed shall be the same as if this Act had not been passed.

(9) In this section-

''appeal'' includes-

   (a)  an application for leave or special leave to appeal;

   (b)  an application for a new trial or for a re-hearing; and

   (c)  an intervention;

''pending proceedings'' means proceedings that were instituted before the date
of commencement of this Act but were not completed before that date.