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Thursday, 19 November 1959

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

In sub-clause (1.) after "marriage,", second' occurring, insert " other than proceedings for an order for maintenance pending the disposal of proceedings,".

I shall explain the purpose of this change, and also of the insertion of the sub-clause that is the subject of the next amendment. Honorable members will observe that the clause, as drawn, allows the court, when fixing the amount of maintenance, to have regard to the conduct of the parties to the marriage. There has been experience of a like provision in New South Wales in relation to orders for alimony pendente lite. What has been happening is that the whole cause has very often been tried at the alimony pendente lite stage. My desire is to avoid the expense to the parties of fighting the case twice, and I am hopeful that in the rules we will be able to provide a mechanism for alimony pendente lite proceedings which will be very simple, and that the conduct of the parties will not intrude into the matter unless the court decides so, or the rules are complied with in certain respects. Consequently, I think it best to exclude alimony pendente lite proceedings from sub-clause (1.) and to deal with it in a specific provision, which will be contained in sub-clause (1a), for the insertion of which I shall move later.

Amendment agreed to.

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