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Tuesday, 26 November 1974
Page: 2783

Senator MURPHY (New South WalesAttorneyGeneral) - I move:

At end of sub-clause (3) add, except by leave of the court in which the proceedings are to be instituted".

Add the following new sub-clause:

(4)   The court shall not grant leave under sub-section (3) unless it is satisfied that hardship would be caused to a party to a marriage or to a child of the marriage if leave were not granted '.

Both those amendments are in accordance with paragraph 32 of the Standing Committee's report. The first amendment would permit applications to be made after 12 months from the decree nisi but only in cases where the court is satisfied that hardship can be shown if leave is not granted.

Question resolved in the affirmative.

Clause, as amended, agreed to.

Clause 23 agreed to.

Clause 24.

(   1 ) Where proceedings are instituted in a court of summaryjurisdiction with respect to-

(   a ) the custody or guardianship of, or access to, a child of a marriage: or

(b)   property of a value exceeding $1,000, and the respondent, in an answer to the application by which the proceedings were instituted, seeks an order different from that sought in the application, the court shall, unless the parties agree to the court hearing and determining the proceedings, transfer the proceedings to the Superior Court or to the Supreme Court of a State or Territory.

(2)   Before transferring proceedings under sub-section (1 ), the court may make such orders as it considers necessary pending the disposal of the proceedings by the court to which they are to be transferred.

(3)   Where proceedings arc transferred to a court in pursuance of this section, that court shall proceed as if the proceedings had been originally instituted in that court.

(4)   Without prejudice to the duty of a court of summary jurisdiction to comply with this section, failure by such a court so to comply does not invalidate any order of the court in the proceedings.

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