Commonwealth Numbered Acts

FAMILY LAW AMENDMENT ACT 1987 No. 181 of 1987 - SECT 19

19. Section 44 of the Principal Act is amended by omitting subsection (4) and
substituting the following subsection:

"(4) The court shall not grant leave under subsection (3) or (3A) unless it is
satisfied:

   (a)  that hardship would be caused to a party to the relevant marriage or a
        child if leave were not granted; or

   (b)  in the case of proceedings in relation to the maintenance of a party
        to a marriage-that, at the end of the period within which the
        proceedings could have been instituted without the leave of the court,
        the circumstances of the applicant were such that the applicant would
        have been unable to support himself or herself without an income
        tested pension, allowance or benefit.".