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Thursday, 21 November 1974
Page: 2668


Senator LAUCKE (South Australia) -I wish briefly to say that under this clause there is a strong element of discretion in the court. If the amendment were accepted the clause would read: the court shall, if it is of opinion that it is in the interests of the parties or of the children of the marriage to do so, advise . . .

But the discretion is contained in the words 'of opinion'. May I suggest that the use of the words direct' or 'advise' is an extension or a widening out of the discretion which is already inherent in the clause.







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