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Thursday, 19 November 1959


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

Omit the clause, insert the following clause:- "41. - (1.) Where, in a petition for a decree of dissolution of marriage or in an answer to such a petition, a party to the marriage is alleged to have committed adultery with a specified person, whether or not a decree of dissolution of marriage is sought on the ground of the adultery, that person shall, except as provided by the rules, be made a party to the proceedings. " (2.) Where, in the petition for a decree of dissolution of marriage or in an answer to such a petition, a party to the marriage is alleged to have committed rape or sodomy on or with a specified person, whether or not a decree of dissolution of marriage is sought on the ground of the rape or sodomy, that person shall, except as provided by the rules, be served with notice that the allegation has been made and is thereupon entitled to intervene in the proceedings. " (3.) Where a person has been made a party to proceedings for a decree of dissolution of marriage in pursuance of sub-section (1.) of this section, the court may, on the application of that person, after the close of the case for the party to the marriage who alleged the adultery, if it is satisfied that there is not sufficient evidence to establish that that person committed adultery with the other party to the marriage, dismiss that person from the proceedings.".

The purpose of this change is really to ensure that the name of the co-respondent - the suggested adulterer - may be published. As the existing clause stands, he or she would not be a party to the suit and, under the terms of clause 113 - the publication provision - the names only of parties may be published. When that oversight was seen, it was thought better to express the clause clearly as it appears in the amendment.

Amendment agreed to.

Clause, as amended, agreed to.

Clause 42 (Re-marriage).







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