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Wednesday, 27 November 1974
Page: 2880


The CHAIRMAN - I take it that the motion proposed to be moved by Senator Everett, by leave, seeks to omit the word 'subsisting' where appearing in your proposal.

Senator EVERETT(Tasmania)-That is so, Mr Chairman. I seek leave to move accordingly.


The CHAIRMAN - Is leave granted? There being no objection, leave is granted.


Senator EVERETT - I move:

Leave out 'subsisting' wherever appearing in proposed new clause 65.

I seek the advice of the Chair. I also wish to move an amendment to clause 66 which is consequential to proposed new clause 65 b.


The CHAIRMAN - The Chair understands that your first amendment embraces proposed new clause 65, 65a and 65b.


Senator EVERETT - Clause 66 will be dealt with when this amendment is disposed of, I take it.

Amendment agreed to.

Clause, as amended, and proposed new clauses agreed to.

Clause 66

The regulations may make provision Tor and in relation to-

(a)   the application of section 65, with such additions, exceptions and modifications as are prescribed, to overseas maintenance agreements: and

(b)   the transmission to appropriate courts or authorities of prescribed overseas countries of, or of copies of. maintenance agreements and of agreements for maintenance of ex-nuptial children for the purpose of securing the enforcement of those agreements in those countries.

Amendment (by Senator Everett) agreed to:

Leave out 'section 65', substitute 'sections 65 and 65a'.

Clause, as amended, agreed to.

Clause 67

A maintenance agreement, or a deed or other instrument executed by a person for the purposes of such an agreement or for the purposes of. or in accordance with an order under, this Part, is not subject to stamp duty under any law of a State or Territory.

Amendment (by Senator Murphy) agreed to : leave out 'stamp duty' and insert ' any duty or charge '.

Clause, as amended, agreed to.

Clauses 68 to 70- by leave- taken together and agreed to.

Clause 7 1

(   1 ) A person aggrieved by a decree of a Judge of the Supreme Court of a State exercising jurisdiction with which that Court is invested by this Act may, within such time as is prescribed, appeal from the decree to the Supreme Court of that State sitting as a Full Court or as a Court of Appeal.

(2)   The Supreme Court of each State is invested with jurisdiction to hear and determine appeals under this section.

(3)   Upon such an appeal the Court may affirm, reverse or vary the decree the subject ofthe appeal and may make such decree as, in the opinion of the Court, ought to have been made in the first instance, or may, if it thinks fit, order a rehearing on such terms and conditions, if any, asu thinks just.

Amendment (by Senator Murphy) agreed to:

Leave out the clause and insert the following clause:

7   1 . ( 1 ) A person aggrieved by a decision of a Judge ofthe Supreme Court of a State exercising jurisdiction under this Act or of the Family Court exercising original jurisdiction under this Act may, within the time prescribed by the regulations, appeal from the decree to the Full Court ofthe Family Court.

(2)   Upon such an appeal, the Full Court may affirm, reverse or vary the decree the subject of the appeal and may make such decree as, in the opinion of the court, ought to have been made in the first instance, or may, if it thinks fit, order a re-hearing, on such terms and conditions, if any. as it thinks fit.'







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