Commonwealth Numbered Acts

Family Law Amendment Act 1983 No. 72 of 1983 - SECT 53

53. After section 98 of the Principal Act the following section is inserted:
Proceedings in absence of parties

''98A. (1) The regulations may provide that where, at the date fixed for the
hearing of proceedings for dissolution of marriage instituted by one party to
the marriage-

   (a)  the proceedings are undefended;

   (b)  there are no children of the marriage who have not attained the age of
        18 years;

   (c)  the applicant has requested the court to determine the proceedings in
        the absence of the parties; and

   (d)  the respondent has not requested the court not to determine the
        proceedings in the absence of the parties, the court may, in its
        discretion, determine the proceedings notwithstanding that neither the
        parties to the proceedings nor their legal representatives are present
        in court.

''(2) The regulations may provide that where, at the date fixed for the
hearing of proceedings for dissolution of marriage instituted jointly by the
parties to the marriage, there are no children of the marriage who have not
attained the age of 18 years and-

   (a)  one of the parties to the marriage has requested the court to
        determine the proceedings in the absence of the parties and the other
        party to the marriage has not requested the court not to determine the
        proceedings in the absence of the parties; or

   (b)  both parties to the marriage have requested the court to determine the
        proceedings in the absence of the parties,
the court may, in its discretion, determine the proceedings notwithstanding
that neither the parties to the proceedings nor their legal representatives
are present in court.''.