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Thursday, 21 November 1974
Page: 2639


Senator DURACK (Western Australia) - I have had a query raised with me as to the effect of clause 3(2) (c). I have not moved an amendment to it because I am not sure whether the query is justified. I simply flag the problem for the Attorney-General (Senator Murphy). He may get his officers to look at it. The effect, as it has been put to me, is that a person who has already obtained a decree of nullity of marriage on the ground that it was voidable or a decree of judicial separation may not be able to enforce in future any ancillary orders which were made under that decree. There may be difficulty in doing so. They might have to make separate applications under the new Family Law Act- a de novo type of application- for maintenance or custody. I have not studied the Bill technically and in sufficient detail to be sure whether that query is right. I just flag it in case there is some substance in it. The Minister's advisers might look at it.







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