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FAMILY LAW AMENDMENT BILL 1983

The Senate, according to Order, resolved itself into Committee for the further consideration of the Bill.

In the Committee

Consideration resumed of Clause 20 and of the amendment moved thereto by Senator Harradine, viz: Page 14, leave out the clause, insert the following new clause:

Dissolution of marriage ''20. Section 48 of the Principal Act is repealed and the following section is substituted: '48. (1) An application under this Act by a party to a marriage for a decree of dissolution of the marriage shall be based on the fact that the marriage has broken down irretrievably.

'(2) In a proceeding instituted by such an application, the fact that the marriage has broken down irretrievably shall be held to have been established if, and only if, it is proved to the reasonable satisfaction of the Court that- (a) the other party to the marriage has behaved in such a way that the applicant cannot reasonably be expected to live with that party;

(b) since the marriage the other party to the marriage has committed continuing adultery;

(c) the other party to the marriage has wilfully deserted the applicant and left the applicant so deserted for a period of 2 years or more; or

(d) the parties to the marriage have separated and thereafter have lived separately and apart for a continuous period of not less than 2 years immediately preceding the date of the application and there is no reasonable likelihood of cohabitation being resumed, provided that the Court is satisfied that, in all the circumstances, it is not harsh and oppressive to either party or contrary to public policy to grant the relief sought.'.''.

Question-That the words proposed to be left out be left out-put and negatived.

Amendment negatived accordingly.

Senator Durack moved an amendment, viz: Page 14, at end of clause, add the following word and paragraph: '', and (c) by omitting from sub-section (2) '12 months' and substituting '2 years'.''. Debate ensued.

Ordered-That the Temporary Chairman of Committees (Senator Lewis) report progress and ask leave to sit again.

The Acting Deputy-President (Senator Coleman) resumed the Chair; and Senator Lewis reported that the Committee had considered the Bill, made progress, and asked leave to sit again.

Ordered-That the Committee have leave to sit again at a later hour of the day.