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Tuesday, 26 November 1974
Page: 2766


Senator GREENWOOD (Victoria) -I move:

Omit sub-clause (1 ) and substitute:

(1)   Subject to this Part a person may institute a matrimonial cause under this Act

(a)   in the Supreme Court of a State or Territory, or

(b)   in such family Courts as may be created in the States which the Governor-General by proclamation declares to be family courts for the purposes of this Section. '

I have no doubt as to the outcome of this amendment, but I desire to place it before the Senate because it seems to me the only sensible way in which one can really raise the issue of whether there are to be State family courts. The jurisdiction at present is to be in the family court of the Commonwealth or in the Supreme Court of a State, and there is no provision under which State family courts could even be given jurisdiction. If there is to be jurisdiction this is the clause under which it should occur. Accordingly I have moved the amendment. There is a necessary further amendment which I will move, if by some chance this amendment were carried, vesting the Supreme Court and the family courts with Federal jurisdiction. There is no provision in the Bill or in the contemplated amendments which would enable State family courts to be created and this is why I propose this amendment.


Senator Murphy - This has already been debated.







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