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Wednesday, 27 November 1974
Page: 2875


Senator MISSEN (Victoria) -On behalf of the 6 members of the Committee, I move:

Leave out sub-clause (4), insert the following sub-clause:

(4)   An order with respect to the maintenance of a party to a marriage ceases to have effect upon the remarriage ofthe party unless in special circumstances the Court having jurisdiction otherwise orders. '.

The amendment moved by the AttorneyGeneral (Senator Murphy) reads:

An order with respect to the maintenance of a party to a marriage ceases to have effect upon the re-marriage of the party.

The Committee has decided that its amendment should make provision for the fact that there may be certain special circumstances in which such an order should not cease. This is a matter, I think, of policy difference between the AttorneyGeneral and the Committee. The situation may arise where somebody re-marries a man who is either in poor health or in poor financial circumstances. She may have a maintenance order in respect of the husband who is a wealthy man and fully able to contribute to her maintenance. She may be keeping children in private schools and in circumstances upon which the first husband insists. It is felt that there may be special circumstances in rare cases where there should be a continuance of the court order. It should be so only when the court having jurisdiction so orders. Of course, the onus is on the person to maintain continuance of that order. This is a matter on which we may make our decision quite easily, but it is the Committee's opinion that that right should continue if the court thinks that it should.







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