Commonwealth Consolidated Acts

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FAMILY LAW ACT 1975 - SECT 114AB

Operation of State and Territory laws

  (1)   Sections   68B, 68C, 114 and 114AA are not intended to exclude or limit the operation of a prescribed law of a State or Territory that is capable of operating concurrently with those sections.

  (2)   Where a person has instituted a proceeding or taken any other action under a prescribed law of a State or Territory in respect of a matter in respect of which the person would, but for this subsection, have been entitled to institute a proceeding under section   68B or 114, the person is not entitled to institute a proceeding under section   68B or 114 in respect of that matter, unless:

  (a)   where the person instituted a proceeding:

  (i)   the proceeding has lapsed, been discontinued, or been dismissed; or

  (ii)   the orders (if any) made as a result of the institution of the proceeding have been set aside or are no longer in force; and

  (b)   where the person took other action--neither that person nor any other person is required, at the time that the person institutes a proceeding under section   68B or 114, to do an act, or to refrain from doing an act.

 


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