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Wednesday, 27 November 1974
Page: 2874

Senator MISSEN (Victoria) - I have another amendment to move on behalf of members of the Standing Committee. I move:

At the end of sub-clause (3) add the words 'or a party has filed in the court a notice under section 14a of this Act.'

That wording is different from what was circulated in the printed amendment. The circulated proposed amendment refers to a notice stating that the marriage has broken down. We changed the situation in clause 14a and I think what I have moved covers it. This means, in effect, that an application can be made for a settlement of property without requiring a party to institute divorce proceedings. It will stop the situation of someone having to institute divorce proceedings to obtain settlement of property. They will be able to do it if they file in the court a notice calling for conciliation. This will probably have greater constitutional validity because there already will be proceedings in the court. The Committee recommends that these words be inserted in the clause.

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