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Tuesday, 26 November 1974
Page: 2768


Senator MURPHY (New South WalesAttorneyGeneral) - If one keeps on postponing clauses I suppose one will achieve in a different way the objective of not proceeding with the matter. The clause has been looked at. It seems to be a suitable one for an orderly transfer. There is reference in it to classes of proceedings and so on. After all, this deals with family matters. Surely the Deputy Leader of the Opposition is not going to suggest that there is some great Government conspiracy that we are going to do something to some husband or wife or that the whole power of proclamation and so forth will be used in some improper way. It is intended to provide for an orderly transfer of proceedings. If the power is to be used, we know it must be used in a bona fide manner for the purposes for which it is granted and with due regard to the rights of persons affected by the exercise of the power. Those are the conditions which are implied into the exercise of this power as with other powers. It is simple enough. They are facultative. The word may' is used. The conditions would be used only for the purpose of orderly transfer.

Clause 19, as amended, agreed to.

Clause 20.

The jurisdiction of a court of summary jurisdiction shall not be exercised in proceedings with respect to the property of the panics or of either party to a marriage, or with respect to the custody or guardianship of, or access to, a child of a marriage-

(a)   if there arc pending proceedings with respect to the same matter in the Superior Court or in the Supreme Court of a State or Territory: or

(b)   if an order of the Superior Court or of the Supreme Court of a State or Territory is in force in relation to that matter, unless the exercise of the jurisdiction of the court of summary jurisdiction is permitted by the terms of that order.







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