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Thursday, 19 November 1959

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

After clause 58, insert the following new clause: - " 58a. When the court makes a decree of restitution of conjugal rights on the petition of a husband, the petitioner shall, as soon as practicable after the making of the decree, and at such other times as the rules so require, give to the respondent notice, in accordance with the rules, of the provision made by the petitioner, or which the petitioner is willing to make, with respect to a home for the purpose of enabling the respondent to comply with the decree.".

In short, the reason for this proposal is this: In the restitution procedure it is necessary for the petitioner, as a rule, to maintain a home throughout the 21 days which is the time limit in New South Wales. In this bill the time is extended to twelve months, and, of course, it would not be reasonable to expect a person to maintain the home vacant, as it were, for all that time. This amendment is designed to enable the petitioner to satisfy the court that he or she was genuinely ready to receive the other party either by providing a home or notifying what he or she was prepared to do.

Proposed new clause agreed to.

Clauses 59 to 62 - by leave - taken together, and agreed to.

Clause 63 (Proceedings to be by petition).

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