Commonwealth Numbered Acts

Family Law Amendment Act 1983 No. 72 of 1983 - SECT 23

23. Section 46 of the Principal Act is amended by omitting sub-section (1) and
substituting the following sub-sections:

''(1) Where proceedings are instituted in a court of summary jurisdiction with
respect to-

   (a)  the custody or guardianship of, or access to, a child of a marriage;
        or

   (b)  property of a value exceeding $1,000, and the respondent, in an answer
        to the application by which the proceedings were instituted, seeks an
        order different from that sought in the application-

   (c)  the court shall, before proceeding to hear and determine the
        proceedings, inform the parties that, unless each of them consents to
        the court hearing and determining the proceedings, the court is
        required to transfer the proceedings to the Family Court or to the
        Supreme Court of a State or Territory; and

   (d)  unless the parties thereupon consent to the court hearing and
        determining the proceedings-the court shall transfer the proceedings
        to the Family Court or to the Supreme Court of a State or Territory.

''(1A) A reference in sub-section (1) to proceedings with respect to property
does not include a reference to proceedings with respect to arrears of
maintenance.

''(1B) Where proceedings referred to in sub-section (1) are instituted in a
court of summary jurisdiction and the parties consent, as mentioned in
paragraph (1) (d), to the proceedings being heard and determined by that
court, a party is not entitled, without the leave of the court, subsequently
to object to the proceedings being so heard and determined, but, where the
court subsequently gives leave to a party to object to the proceedings being
so heard and determined, the court shall transfer the proceedings to the
Family Court or to the Supreme Court of a State or Territory.''.