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Tuesday, 17 November 1959

Sir GARFIELD BARWICK (Parramatta) (Attorney-General) . - The only other place in the bill, I think, where the word " crime " is to be found is in one of the grounds for divorce. I refer to paragraph (g) of clause 27. It is quite plain that a term of imprisonment is specified. The clause states, in part -

Subject to this Division, a .petition under this Act by a party to a marriage for a decree of dissolution of the marriage may be based on one or more of the following grounds: -

(g)   that, since the marriage, the petitioner's husband has, within a period not exceeding five years - '

(i)   suffered frequent convictions for crime in respect of which he has been sentenced in the aggregate to imprisonment for not less than three years;

I move -

After the definition of " crime ", insert the following definition: - " ' cross-petition ' includes an answer in which the respondent to a petition seeks- a decree or declaration of a kind referred to in paragraph (a) or (b) of the definition of ' matrimonial cause ' in this subsection ".

The purpose of this is to allow a respondent to make a cross-claim in his answer.

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