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Thursday, 19 November 1959

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

After sub-clause (1.), insert the following subclause: - " (1a.) Subject to this section and to the rules, the court may, in proceedings for an order for the maintenance of a party to a marriage, or of children of the marriage, pending the disposal of proceedings, 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.".

Honorable members will see that this is virtually the same as sub-clause (1.), but is qualified. It will enable us to try to avoid, in the rules, the need for any wasted or unnecessary expense in an attempt to obtain alimony pendente lite.

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