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Thursday, 19 November 1959


Sir GARFIELD BARWICK (Parramatta) (Attorney-General) . - I move -

Omit sub-clause (5.), insert the following subclauses: - " 5. A decree nisi shall not become absolute by force of this section where either of the parties to the marriage has died. " (6.) In this section, ' appeal ', in relation to a decree nisi, means -

(a)   an appeal, application for leave to appeal or intervention, against or arising out of-

(i)   the decree nisi; or

(ii)   an order under the last preceding section in relation to the proceedings in which the decree nisi was made; or

(b)   an application under section sixty-nine or sixty-nineA of this Act for rescission of the decree or an appeal or application for leave to appeal arising out of such an application.".

The purpose of this is to explain and make clear certain of the times where there are appeals.

Amendment agreed to.

Clause, as amended, agreed to.

Clause 68 agreed to.

Clause 69-

Notwithstanding anything contained in this Division, where a decree nisi has been made in proceedings for a decree of dissolution of marriage, the court may, at any time before the decree becomes absolute, upon the application of the party in whose favour the decree was made, rescind the decree on the ground that the parties to the marriage have become reconciled.







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