New South Wales Consolidated Acts

MATRIMONIAL CAUSES ACT 1899

- As at 30 November 2001
- Act 14 of 1899

TABLE OF PROVISIONS

           Long Title

   PART 1 - PRELIMINARY

   1.      Name of Act
   2.      Repeal and saving
   3.      Definitions

   PART 2 - JURISDICTION

   4.      Composition and jurisdiction of Court
   5.      Court to act on principles of the Ecclesiastical Courts

   PART 3 - RESTITUTION OF CONJUGAL RIGHTS

   6.      Applications by petition
   7.      Power to decree
   8.      (Repealed)
   9.      Where husband is applicant wife’s property may be settled
   10.     (Repealed)
   11.     Failure to comply with decree equivalent to desertion

   PART 4 - DISSOLUTION OF MARRIAGE

           Division 1 - Dissolution on petition by husband

   12.     Adultery
   13.     Where husband domiciled in New South Wales

           Division 2 - Dissolution on petition by wife

   14.     Incestuous adultery &c
   15.     Adultery where husband domiciled in New South Wales
   16.     Where wife domiciled in New South Wales

           Division 3 - Hearing of petition

   17.     Duty of Court

           Division 4 - Dismissal of petition

   18.     Petition under ss 12, 14, 15

           Division 5 - When decree to be pronounced

   19.     Petitions under ss 12, 14, 15
   20.     Petitions under ss 13, 16

           Division 6 - Decrees nisi

   21.     Nisi in first instance

           Division 7 - Decrees absolute

   22.     Application by petitioner
   23.     Application by respondent

           Division 8 - Co-respondents

   24.     To petition by husband

           Division 9 - Relief given to respondent

   25.     Relief given to Respondent

           Division 10 - Questions to be fully argued

   26.     Power to direct questions to be argued

           Division 11 - Re-marriage

   27.     Before decree absolute
   28.     After decree absolute

   PART 5 - NULLITY OF MARRIAGE

   29.     Decrees and suits

   PART 6 - INTERVENTION BY CROWN SOLICITOR

   30.     In suits for Dissolution or Nullity

   PART 7 - JUDICIAL SEPARATION

           Division 1 - Separation on petition by husband or wife

   31.     Adultery cruelty desertion
   32.     Where petitioner domiciled for three years

           Division 2 - Decrees

   33.     Power to pronounce
   34.     Under s 31
   35.     Under s 32
   36.     Decree of separation obtained during absence may be reversed
   37.     Effect of decree
   38.     Effect upon contracts and torts of wife

   PART 8 - ALIMONY

   39.     Alimony
   40.     Specific powers of Court
   41.     Execution of instruments by order of Court
   42.     Pending proceedings
           43-46. (Repealed)

   PART 9 - COSTS

   47.     Court may order payment of costs
   48.     Against co-respondents
   49.     Of proceedings under ss 26, 86
   50.     Costs of intervention by Crown Solicitor
   51.     Costs of intervention in other cases

   PART 10 - DAMAGES

   52.     Claim by husband for damages
   53.     Application of damages
   54.     Limitation of time

   PART 11 - SETTLEMENTS

   55.     Court may order settlement
   56.     Marriage settlements may be varied
   57.     General powers

   PART 12 - TRANSACTIONS WITH INTENT TO DEFEAT PETITIONERS

   58.     Court may set aside deeds &c
   59.     Sale may be restrained

   PART 13 - CUSTODY OF CHILDREN

   60.     In suits for separation, nullity or dissolution
   61.     Custody may be given to wife
   62.     In applications for conjugal rights

   PART 14 - PETITIONS NOTICES AND SERVICE

   63.     Petition to state facts
   64.     Affidavit in support
   65.     Service
   66.     Adjournment of petition
   67.     Petition by wife under s 15
   68.     Service of notices

   PART 15 - TRIAL OF ISSUES

   69.     Trial by jury
   70.     Issues to be put into writing
   71.     Power of Court
   72.     Verdict may be general or special
   73.     Summoning of jurors
   74.     Calling the jury
   75.     Impannelling jury
   76.     General law and practice to apply

   PART 16 - WITNESSES AND EVIDENCE

   77.     Witnesses to be examined in open Court
   78.     Examination of parties
   79.     Questions tending to show adultery
   80.     (Repealed)
   81.     Publication of evidence may be forbidden

   PART 17 - APPEALS NEW TRIALS &C

   82.     Appeal to Full Court from decree or order of Court
   83.     Appeal to Court from decision of Registrar
   84.     Who may apply for a new trial?
   85.     How special verdict and special case stated
   86.     Referring points of law

   PART 18 - ENFORCEMENT OF DECREES AND ORDERS

   87.     Decrees enforced as in equity
   88.     Bankruptcy laws not to affect liability under this Act
   89.     Writ of capias ad respondendum
   90.     Attachment
   90A.    Summary proceedings to enforce orders for alimony and maintenance
   90B.    Enforcement of order by means of certificate of amount due and judgment thereon

   PART 19 - MISCELLANEOUS

   91.     Power to make rules
   92.     Action of Criminal Conversation abolished
   93.     Pauper suits or defences
   93A.    Decrees in certain cases to be pronounced by registrar
   93B.    Registrar to refer certain matters to Judge
   94.     Power of Registrar
   95.     Testing proceedings
           Schedule