New South Wales Consolidated Acts

MATRIMONIAL CAUSES ACT 1899 - SECT 93B

93B Registrar to refer certain matters to Judge

(1) Notwithstanding anything contained in section 93A of this Act, where in any matter coming before the registrar or any deputy registrar after the commencement of the Matrimonial Causes (Amendment) Act 1951 , pursuant to section 93A of this Act, it appears to him:

(a) that any respondent party is desirous of being let in to defend the suit,

(b) that there is ground on which a finding that the petitioner has been an accessory to or has connived at or condoned the matrimonial offence alleged or that the petition is presented or prosecuted in collusion with a respondent might be made,

(c) that there is ground on which a decree might not be pronounced or the petition might be dismissed pursuant to section nineteen or subsection one of section twenty of this Act,

(d) that the making of any order for costs, custody or access is opposed by any party to the suit appearing before him, or

(e) that a special order under subsection two of section twenty-one upon the pronouncement of a decree nisi, is sought by any party,

the registrar or deputy registrar shall not deal with the matter but shall refer the same to the Judge appointed to exercise jurisdiction under this Act or to any Judge acting in his place or having co-ordinate jurisdiction with him.

(2) The power to make general rules conferred by subsection one of section ninety-one of this Act shall, without limiting the generality thereof, extend to include power to make general rules for the purpose of carrying out or giving effect to the provisions of this section and of section 93A of this Act.