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Thursday, 19 November 1959

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

Omit sub-clause (1.), insert the following subclause: - " (1.) Where there are children of the marriage in relation to whom this section applies, the decree nisi shall not become absolute unless the court, by order, has declared -

(a)   that it is satisfied that proper arrangements in all the circumstances have been made for the welfare and, where appropriate, the advancement and education of those children; or

(b)   that there are such special circumstances that the decree nisi should become absolute notwithstanding that the court is not satisfied that such arrangements have been made.".

The purpose of this amendment, is to make it clear that the court is to look to arrangements for the welfare and, where it is appropriate, also to the advancement and education of children. The need for the amendment flows from the use of an expression, " education, maintenance and welfare ", in another part of the act.

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