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Thursday, 19 November 1959

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

After clause 73, insert the following new clause: - " 73a. Where an intervention takes place under this Part after a decree nisi has been made and it is proved that the petitioner has been guilty of collusion with intent to cause a perversion of justice or that material facts have not been brought before the court, the court may rescind the decree.".

This provides what is to happen on an intervention and it includes intervention by the Attorney-General or the Crown as well as private intervention.

Proposed new clause agreed to.

Clauses 74 to 76 - by leave - taken together, and agreed to.

Clause 77 - (1.) Subject to this section, the court may, in proceedings with respect to the maintenance of a party to a marriage, or of children of the marriage, make such order as it thinks proper, having regard to the means, earning capacity and conduct of the parties to the marriage and all other relevant circumstances.

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