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Tuesday, 26 November 1974
Page: 2765


Senator MURPHY (New South WalesAttorneyGeneral) - I move:

Add to heading of Part IV-

In Matrimonial Causes'.

Question resolved in the affirmative.

Clause 18

(   1 ) Subject to this Part, a person may institute a matrimonial cause under this Act-

(a)   in the Superior Court; or

(b)   in the Supreme Court of a State or a Territory.

(5   ) Subject to this Part, the Supreme Court of each State is invested with federal jurisdiction, and jurisdiction is conferred on the Superior Court and on the Supreme Court of each Territory, to hear and determine-

(a)   matrimonial causes instituted under this Act;

(b)   matrimonial causes continued in accordance with section 9; and

(c)   proceedings instituted under regulations made for the purposes of section 83, 86 or 87.

(6)   Subject to this Part, the courts of summary jurisdiction of each State are invested with federal jurisdiction, and jurisdiction is conferred on the courts of summary jurisdiction of each Territory, to hear and determine-

(a)   matrimonial causes, not being proceedings for principal relief, instituted under this Act:

(b)   matrimonial causes, not being proceedings for principal relief, continued in accordance with section 9; and

(c)   proceedings instituted under regulations made for the purposes of section 83, 85, 86 or 87.

(7)   Jurisdiction under this Act in a matrimonial cause instituted under this Act is not conferred on a court of a Territory unless at least one of the parties to the proceedings is, at the date of the institution of the proceedings or the date of the transfer of the proceedings to the court of the Territory, ordinarily resident in the Territory.

(8)   Jurisdiction under this Act in a matrimonial cause continued in accordance with section 9 is not invested in or conferred on a court other than the court in which the matrimonial cause was instituted or to which it has been transferred under sub-section 19 (6) or section 23.

Amendments (by Senator Murphy) agreed to:

In sub-clause (1), paragraph (a), leave out 'Superior', insert 'Family'.

In sub-clause (5). leave out 'Superior', insert 'Family'.







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