Commonwealth Numbered Acts

FAMILY COURT OF AUSTRALIA (ADDITIONAL JURISDICTION AND EXERCISE OF POWERS) ACT 1988 No. 8 of 1988 - SECT 26

26. Section 46 of the Principal Act is amended:

   (a)  by omitting paragraph (1) (b) and substituting the following
        paragraph: "(b) property of a value exceeding $20,000;";

   (b)  by inserting after subsection (1A) the following subsection: "(1AB) In
        determining the value of any property for the purposes of subsection
        (1), any mortgage, lien, charge or other security over the property is
        to be disregarded.";

   (c)  by omitting from subsection (1B) ", as mentioned in paragraph (1)
        (d),";

   (d)  by inserting after subsection (2) the following subsection:

"(2A) Where:

   (a)  proceedings for a decree of dissolution of a marriage have been
        instituted in or transferred to a court of summary jurisdiction; and

   (b)  the proceedings are defended; the court is required to transfer the
        proceedings to the Family Court or the Supreme Court of a State or
        Territory.";
(e) by inserting in subsection (3) "or (2A)" after "subsection (1)";

   (f)  by inserting after subsection (3) the following subsection:

"(3A) Where proceedings instituted under this Act, or continued under section
9, are pending in a court of summary jurisdiction, the Family Court or the
Supreme Court of a State or Territory may, on the application of a party or of
its own motion, order that the proceedings be removed to the Family Court or
the Supreme Court, as the case may be."; and
(g) by inserting in subsection (4) "or removed" after "transferred".