Western Australian Repealed Acts

This legislation has been repealed.

MATRIMONIAL CAUSES AND PERSONAL STATUS CODE 1948

TABLE OF PROVISIONS

           Preamble
           Long Title

   1.      Short title  

   PART I. -- Preliminary  

   3.      Repeal  
   4.      Definitions  

   PART II. -- Jurisdiction of the court  

   5.      Jurisdiction of court  
   6.      Originating process  
   7.      Damages against adulterer  
   8.      Counter claim by defendant  
   9.      Retroactive application of Code  
   10.     Alternative relief  
   11.     Action not to fail because grounds not complete at commencement if they are complete before conclusion of hearing  
   12.     Provision as to joinder of actions  
   13.     Court may grant injunction in addition to order  
   14.     Jurisdiction depends on domicil and domiciliary status  
   15.     Grounds for dissolution  
   16.     Presumption of death and order for dissolution  
   17.     Grounds  
   18.     Effect of order  
   19.     Devolution of property in case of judicial separation  
   20.     Only grounds of nullity  
   21.     Actions for declarations of status  
   22.     Inferior court may determine validity of marriage where question arises incidentally but only for purpose of proceedings before inferior court  
   23.     Final order not affected  
   24.     Parties in action for dissolution or judicial separation  
   25.     Court to exercise discretion in case where ground is five years’ separation  
   26.     Circumstances in which Court shall refuse relief  
   27.     Discretionary bars  
   28.     Grounds for intervention  
   29.     Duty of Court  

   PART III. -- Trial  

   30.     Procedure  
   31.     Onus of proof on plaintiff  
   32.     Court’s discretion where evidence is uncorroborated  
   33.     Abolition of Rule in Russell v. Russel (1924 A.C. 687)  
   34.     Onus of proof  
   35.     All trials to be had before single judge unless otherwise ordered  
   36.     Judge may sit in Court or in Chambers  
   37.     Cross examination of one defendant by another  
   38.     Costs  
   39.     How damages are assessed against an adulterer  
   40.     Order nisi  
   41.     Cause may be shown why order nisi should not be made final  
   42.     Issuing of final order  
   43.     Where plaintiff fails to take out final order defendant may apply  

   PART IV. -- Matters ancillary to actions  

   44.     Custody of and access to children  
   45.     Where mother or father unfit to have custody of children Court may give custody to someone else  
   46.     Court may make order for maintenance and may make order in favour of guilty party  
   47.     Specific provisions  
   48.     Settlement of damages  
   49.     Application to prior proceedings  
   50.     Court may set aside or restrain transactions  

   PART V. -- Right of appeal, rehearing and new trial  

   51.     Rights of appeal to Full Court  
   52.     Jurisdiction of Full Court on appeal  
   53.     Application for rehearing or new trial  

   PART VI. -- Enforcement of orders  

   54.     Method of enforcement of judgment or order  
   55.     Alternative method for recover of overdue periodical payments  

   PART VII. -- Validity and effect of final orders  

   56.     Final order generally considered order in rem subject to exceptions -- lack of jurisdiction, fraud, etc.  
   57.     Question of validity of final order may be removed from inferior court to Supreme Court  

   PART VIII. -- Remarriage  

   58.     Right to remarry  

   PART IX. -- Miscellaneous  

   59.     Finding in previous action prima facie evidence of matrimonial offence  
   60.     Original or certified copies of records to be accepted as evidence  
   61.     Proof of conviction of criminal offence prima facie evidence in action under this Code  
   62.     Reciprocal recognition of order  
   64.     Rules and scales of fees  
           Compilation table