Commonwealth Consolidated Acts

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FAMILY LAW ACT 1975 - SECT 3

Repeal and saving

  (1)   The Matrimonial Causes Act 1959 , the Matrimonial Causes Act 1965 and the Matrimonial Causes Act 1966 are repealed.

  (2)   Notwithstanding the repeal effected by subsection   (1):

  (a)   the validity of a decree made before the commencement of the Matrimonial Causes Act 1959 by virtue of the Imperial Act entitled the Matrimonial Causes (War Marriages) Act, 1944 or Part   I of the Matrimonial Causes (War Marriages) Act 1947 of New Zealand and in force immediately before the commencement of this Act shall continue to be recognised in all courts in Australia;

  (b)   a decree of the Supreme Court of a State or Territory made before the commencement of the Matrimonial Causes Act 1959 in the exercise of jurisdiction invested or conferred by the Matrimonial Causes Act 1945 , or that Act as amended by the Matrimonial Causes Act 1955 , and in force immediately before the commencement of this Act shall continue to have effect throughout Australia; and

  (c)   a decree of the Supreme Court, or of a court of summary jurisdiction, of a State or Territory:

  (i)   made before the commencement of this Act in the exercise of jurisdiction invested or conferred by the repealed Act, or in a matrimonial cause or proceedings for a separation order instituted under the law of that State or Territory, being a decree that was in force immediately before the commencement of this Act; or

  (ii)   made after the commencement of this Act in proceedings to which subsection   9(1) applied;

    shall have, or continue to have, effect throughout Australia, and, except in the case of:

  (iii)   a decree of nullity of marriage made on the ground that the marriage was voidable;

  (iv)   a decree of judicial separation;

  (v)   a decree of restitution of conjugal rights;

  (vi)   a decree of jactitation of marriage; or

  (vii)   a separation order;

    this Act applies to and in relation to the decree as if the decree had been made under this Act.

  (3)   For the purposes of paragraph   (2)(c), a purported decree to which section   5 of the Matrimonial Causes Act 1971 applied made in a State shall be deemed to be a decree of the Supreme Court of that State made in the exercise of jurisdiction invested by the repealed Act.


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