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Wednesday, 27 November 1974
Page: 2881


Senator MISSEN (Tasmania) -I move:

In sub-clause ( I ) insert before the word 'may' the following words: or a Family Court established under clauses 19a and 20 of this Act '.

This amendment will enable appeals to go from the Family Court to the Full Court of the Family Court.


Senator Murphy - That is acceptable. Amendment agreed to. Clause, as amended, agreed to. Clause 72.

Notwithstanding anything contained in the Judiciary Act 1903-1973, an appeal does not lie to the High Court, except by special leave ofthe High Court, from a judgment, decree or order of the Supreme Court of a State given or made under this Act, whether in the exercise of original or appellate jurisdiction

Amendment (by Senator Murphy) agreed to:

Leave out the clause and insert the following new clause:

72.   Notwithstanding anything contained in the Judiciary Act 1903-1973, an appeal doth not lie to the High Court from a judgment, decree or order of a court exercising jurisdiction under this Act, whether original or appellate, except-

(a)   by special leave ofthe High Court; or

(b)   upon a certificate of the Full Court of the Family Court that an important question of law or of public interest is involved. '.

Clause, as amended, agreed to.

Clause 73.

(   1 ) A person aggrieved by the decree of a court of summary jurisdiction of a State or Territory exercising jurisdiction under this Act may, within such time as is prescribed, appeal to the Superior Court or to the Supreme Court of that State or Territory.

(2)   The Supreme Court of each State is invested with federal jurisdiction, and jurisdiction is conferred on the Superior Court and on the Supreme Court of each Territory, to hear and determine appeals instituted in that Court under this section.

(3)   A court shall determine an appeal under this section in accordance with-

(a)   the law in force on the date on which the hearing of the appeal is concluded: and

(b)   the evidence that was before the court of summary jurisdiction and any other evidence adduced with the leave of that court under sub-section (4).

(4)   On the hearing of an appeal to which this section applies a party is not entitled to adduce evidence except with the leave ofthe court-

(a)   granted on the ground that the evidence relates to matters that occurred after the hearing of the proceedings in the court of summary jurisdiction: or

(b)   granted in special circumstances on another ground.

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

In sub-clause ( 1 ) leave out 'Superior 'and insert 'Family'.

In sub-clause ( 2 ) leave out 'Superior' and insert ' Family".

Insert the following new sub-clause:- (2a) The Governor-General may, by Proclamation, fix a date as the date on or after which appeals to the Supreme Court of a specified State or Territory under this section may not be instituted. '.

Clause, as amended, agreed to.

Clause 74.

74.   ( 1 ) Subject to sub-section (2) and to the regulations, all proceedings under this Act shall be heard in closed court.

Amendment ( by Senator Murphy) agreed to:

In sub-clause ( 1 ) leave out 'under this Act' and insert 'in the Family Court, or in another court when exercising jurisdiction under this Act.'.

Clause, as amended, agreed to.

Clauses 75 to 83- by leave- taken together and agreed to.

Clause 84.

(   I ) After the commencement of this Act, no person shall be imprisoned or otherwise placed in custody by reason of contravention of. or failure to comply with, an order made in a matrimonial cause and any person who is in a prison or other custody al the commencement of this Act as a result of contravention of, or failure to comply with, such an order shall be released forthwith.

(   2 ) The release from prison or other custody under subsection ( I ) of a person who was in that prison or custody by reason of failure to pay any moneys docs not release the person from any liability to pay those moneys. (.3) This section does not affect the operation of subsection 49 (6) or sub-section 90 (3).

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

In sub-clause ( I ). after 'order' insert 'for the payment of money'.

After clause 84 insert the following new clause:- 84a. ( 1) Notwithstanding any other provision of law, a court having jurisdiction under this Act may punish persons for contempt in the face of the court when exercising that jurisdiction or for wilful disobedience of any decree made by the court in the exercise of jurisdiction under this Act. "(2) The regulations may provide for practice and procedure as to charging with contempt and the hearing of the charge.

(3)   Where a person in contempt is not a corporation, the court may punish the contempt by committal to prison or fine or both. (.4) Where a corporation is in contempt, the court may punish the contempt by sequestration or fine or both.

(   5 ) The court may make an order for-

(a)   punishment on terms:

(   b) suspension of punishment; or

(c)   the giving of security for good behaviour.

(6)   Where a person is committed to prison for a term for contempt, the court may order his discharge before the expiry of that term.'.

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

Clause 85.

(2)   The regulations may make provision for and in relation to-

(a)   the enforcement by a court of a State having jurisdiction under this Act of orders to which this section applies made by a court of another State or of a Territory: and

(b)   the enforcement by a court ora Territory having jurisdiction under this Act of orders to which this section applies made by a court of another Territory or of a State.

Amendment (by Senator Murphy) agreed to:

Leave out sub-clause (2) and substitute the following subclause:

(2)   The regulations may make provision for and in relation to the enforcement in a State or Territory by a court having jurisdiction under this Act of orders to which this section applies made by a court in another Stale or Territory.'.

Clause, as amended, agreed to.

Clauses 86 to 89- by leave- taken together, and agreed to.

Clause 90.

(   1 ) In proceedings ofthe kind referred to in paragraph (e) of the definition of 'matrimonial cause' in sub-section 4(1). the court may make such order or grant such injunction as it thinks proper with respect to the matter to which the proceedings relate, including an injunction for the personal protection of a parly to the marriage or of a child of the marriage or for the protection of the marital relationship or in relation to the property of a party to the marriage.

Amendments (by Senator Murphy) proposed:

In sub-clause ( 1 ), add 'or relating to the use or occupancy ofthe matrimonial home'.

After sub-clause ( I ) insert the following new sub-clause:- ( I a) In exercising its powers under sub-section ( I ), the court may make an order relieving a party to a marriage from any obligation to perform marital services or render conjugal rights.'

At the end of the clause add the following new subclause:

(5)   Where an act or omission referred to in sub-section (3) is an offence against any other law, the person committing the offence may be prosecuted and convicted under that law, but nothing in this section renders any person liable to be punished twice in respect of the same offence. '.







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