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Wednesday, 27 November 1974
Page: 2860


Senator MURPHY (New South WalesAttorneyGeneral) - I move:

Leave out sub-clause ( 2 ). insert the following sub-clause:

(2)   Where the parties have lived separately and apart for a continuous period of not less than 12 months immediately preceding the date of commencement of this Act, pending proceedings for a decree of dissolution of marriage shall, if the applicant so requests, be dealt with as if they were proceedings instituted under this Act on the ground referred to in section 26, and. in relation to proceedings in which such a request is made, sub-section 26(2) has effect as if the proceedings for dissolution of marriage had been instituted by an application filed on the date of commencement of this Act.-

After sub-clause (4). insert the following new sub-clause: "(4a) Section 92 ( I) does not apply to proceedings continued and dealt with under this section. '

The Senate will recall that consideration of clause 9 was postponed because of the possibility that the Senate might adopt the 2-year provision instead of the 12-months provision. It was thought that if we had dealt with this clause, although it is only a technical matter, it would have prejudiced the proposition that it was intended would be put by Senator Durack.

Amendments agreed to.

Clause, as amended, agreed to.

Clause 27.

(   1 ) The parties to a marriage may be held to have separated notwithstanding that the cohabitation was brought to an end by the action or conduct of one only of the parties.

(2)   The parties to a marriage may be held to have separated and to have lived separately and apart notwithstanding that they have continued to reside in the same residence.







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