Commonwealth Numbered Acts

Family Law Amendment Act 1983 No. 72 of 1983 - SECT 18

18. (1) Section 39 of the Principal Act is amended-

         (a)  by omitting from sub-section (1) ''a person may institute a
matrimonial cause under this Act'' and substituting ''a matrimonial cause may
be instituted under this Act'';

   (b)  by omitting from sub-section (2) ''a person may institute a
        matrimonial cause under this Act, not being proceedings for principal
        relief,'' and substituting ''a matrimonial cause, not being
        proceedings for principal relief, may be instituted under this Act'';

   (c)  by omitting from sub-section (3) ''by a party to the marriage'';

   (d)  by omitting sub-section (4) and substituting the following
        sub-sections:

''(4) Proceedings of a kind referred to in the definition of 'matrimonial
cause' in sub-section 4 (1), other than proceedings for a decree of
dissolution of marriage or proceedings referred to in paragraph (f) of that
definition, may be instituted under this Act if-

   (a)  in the case of proceedings of a kind referred to in paragraph (b) of
        that definition in relation to a marriage-either party to the marriage
        is an Australian citizen, is ordinarily resident in Australia, or is
        present in Australia, at the relevant date;

   (b)  in the case of proceedings between the parties to a marriage-

        (i)    either party to the marriage is an Australian citizen, is
               ordinarily resident in Australia, or is present in Australia,
               at the relevant date; or

        (ii)   where the proceedings relate to a child of the marriage-the
               child is present in Australia at the relevant date; and

   (c)  in any other case-

        (i)    any party to the proceedings is an Australian citizen, is
               ordinarily resident in Australia, or is present in Australia,
               at the relevant date; or

        (ii)   where the proceedings relate to a child of a marriage-the child
               is present in Australia at the relevant date.

''(4A) In sub-section (4), 'relevant date', in relation to proceedings, means-

   (a)  if the application instituting the proceedings is filed in a court-the
        date on which the application is so filed; or

   (b)  in any other case-the date on which the application instituting the
        proceedings is made.'';

   (e)  by omitting sub-sections (5), (6) and (7) and substituting the
        following sub-sections:

''(5) Subject to this Part, the Supreme Court of each State is invested with
federal jurisdiction, and jurisdiction is conferred on the Family Court and on
the Supreme Court of each Territory, with respect to matters arising under
this Act in respect of which-

   (a)  matrimonial causes are instituted under this Act;

   (b)  matrimonial causes are continued in accordance with section 9;

   (c)  proceedings are instituted under this Act with respect to the
        enforcement of an order that is registered in the court concerned as
        provided by regulations made for the purposes of section 67;

   (d)  proceedings are instituted under regulations made for the purposes of
        section 106, 109, 110, 111, 111A or 111B; or

   (e)  proceedings are instituted under section 117A.

''(6) Subject to this Part, each court of summary jurisdiction of each State
is invested with federal jurisdiction, and jurisdiction is conferred on each
court of summary jurisdiction of each Territory, with respect to matters
arising under this Act in respect of which-

   (a)  matrimonial causes, not being proceedings for principal relief, are
        instituted under this Act;

   (b)  matrimonial causes, not being proceedings for principal relief, are
        continued in accordance with section 9;

   (c)  proceedings are instituted under this Act with respect to the
        enforcement of an order that is registered in the court of summary
        jurisdiction concerned as provided by regulations made for the
        purposes of section 67;

   (d)  proceedings are instituted under regulations made for the purposes of
        section 106, 109, 110, 111, 111A or 111B; or

   (e)  proceedings are instituted under section 117A.

''(7) The Governor-General may, by Proclamation, fix a date as the date on and
after which matrimonial causes, and other proceedings, referred to in
sub-section (6) may not be instituted in or transferred to a court of summary
jurisdiction in a State or Territory specified in the Proclamation, and such a
Proclamation may be expressed to apply only to proceedings of a specified
class or specified classes and may be expressed to apply only to the
institution of proceedings in, or the transfer of proceedings to, a court of
summary jurisdiction in a part of a State or Territory specified in the
Proclamation.

''(7AA) A court of summary jurisdiction in a State or Territory shall not hear
or determine proceedings under this Act instituted in or transferred to that
court otherwise than in accordance with any Proclamation in force under
sub-section (7).'';

   (f)  by omitting from sub-section (8) ''Jurisdiction under this Act in a
        matrimonial cause'' and substituting ''Jurisdiction with respect to a
        matter arising under this Act in respect of which a matrimonial cause
        is''; and

   (g)  by omitting from sub-section (9) ''to hear and determine proceedings''
        and substituting ''with respect to matters arising under any law of
        the Commonwealth in respect of which proceedings are''.

(2) Where, before the commencement of this section, a Proclamation had been
made under sub-section 40 (3) of the Family Law Act 1975 in respect of the
Supreme Court of a State or Territory, nothing in the amendments made by
sub-section (1) of this section operates to permit the institution in, or the
transfer to, that Supreme Court of proceedings in relation to which that
Proclamation is expressed to have effect.

(3) Where, before the commencement of this section, a Proclamation had been
made under sub-section 39 (7) of the Family Law Act 1975 in respect of a court
of summary jurisdiction and, at the commencement of this section, that
Proclamation had not been revoked under sub-section 39 (7A) of that Act,
nothing in the amendments made by sub-section (1) of this section-

   (a)  affects the operation of that Proclamation; or

   (b)  operates to permit the institution in, or the transfer to, that court
        of proceedings in relation to which that Proclamation is expressed to
        have effect.