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Wednesday, 27 November 1974
Page: 2877


Senator MISSEN (Victoria) -I move:

At the commencement of new sub-clause (4a ) insert:

Subject to the provisions of section 55 (3)'.

Sub-clause (4a) as amended by the amendment moved by the Attorney-General (Senator Murphy) now reads:

An order with respect to the maintenance of a child of a marriage ceases to have effect upon the adoption or marriage ofthe child.

What is desired by the 6 members of the Committee on Constitutional and Legal Affairs is to insert at the commencement of that clause the amendment I have just moved so that it would then begin with the words: 'Subject to the provisions of Section 55 (3)'. Clause 55 (3), which we mentioned some little time ago, deals with the maintenance of children and says that a court may continue an order beyond 18 years of age for the maintenance of a child where it is considered necessary to complete his education. What is desired by the Committee on Constitutional and Legal Affairs is that clause 55 (3) should be read with sub-clause (4a), otherwise they would appear to be inconsistent.

Amendment agreed to.

Clause, as amended, agreed to.

Clause 62.

(   1 ) In proceedings with respect to the maintenance of a party to a marriage or of a child of a marriage, if there is in force an order (whether made before or after the commencement of this Act) with respect to the maintenance of that party or child by the other party to the marriage-

(a)   made by the court; or

(b)   made by another court (including the Superior Court or the Supreme Court of a State or Territory) and registered in the first-mentioned court in accordance with the regulations, the court may-

(c)   discharge the order if there is any just cause for so doing;

(d)   suspend its operation wholly or in part and either until further order or until a fixed time or the happening of some future event;

(e)   revive wholly or in part an order suspended under paragraph (d); or (0 subject to sub-section (2), vary the order so as to increase of decrease any amount ordered to be paid or in any other manner.

(3)   Sub-section (2) does not prevent the court from making an order varying an order made before the date of commencement of this Act if the first-mentioned order is made for the purpose of giving effect to section 5 1 .

Amendments (by Senator Murphy)- by leave- taken together, and agreed to.

In sub-clause ( I.), paragraph (b) leave out the words in parenthesis.

In sub-clause (3) leave out 'section 51' and insert 'this Part'.

Clause, as amended, agreed to. Clause 63 agreed to. Clause 64.

(   I ) In proceedings under this Part, the court may set aside or restrain the making of an instrument or disposition by or on behalf of, or by direction or in the interests of, a party, if it is made or proposed to bc made to defeat an existing or anticipated order in those proceedings for costs, maintenance or the declaration or alteration of any interests in property.

(2)   The court may order that any money or real or personal property dealt with by any such instrument or disposition may be taken in execution or charged with the payment of such sums for costs or maintenance as the court directs, or that the proceeds of a sale shall be paid into court to abide its order.

(3)   The court shall have regard to the interests of, and shall make any order proper for the protection of, a bona fide purchaser or other person interested.

(4)   A party or a person acting in collusion with a party may be ordered to pay the costs of any other party or of a bona fide purchaser or other person interested of and incidental to any such instrument or disposition and the setting aside or restraining ofthe instrument or disposition.

(5)   In this section, 'disposition 'includes a sale and a gift.







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