Commonwealth Numbered Acts

FAMILY LAW AMENDMENT ACT 1976 No. 63 of 1976 - SECT 18

18. Section 41 of the Principal Act is amended-

   (a)  by adding at the end of sub-section (1) the words ''(including the
        provision of counselling facilities for those courts)'';

(b) by inserting in sub-section (3), after the word ''instituted'' the words
''and proceedings transferred to that court in accordance with this Act'';

   (c)  by inserting after sub-section (3) the following sub-section:-

''(3A) Notwithstanding the issue of a Proclamation under sub-section (2) and
the provisions of sub-section (3)-

   (a)  proceedings by way of cross-proceedings in relation to proceedings for
        principal relief that were pending in the Supreme Court of the State
        concerned immediately before the date fixed by the Proclamation; or

   (b)  proceedings of a kind referred to in any of paragraphs (c) to (f) of
        the definition of 'matrimonial cause' in sub-section 4 (1) that-

        (i)    relate to proceedings for principal relief that were pending in
               the Supreme Court of the State concerned immediately before the
               date fixed by the Proclamation; or

        (ii)   are between parties between whom proceedings of a kind referred
               to in any of paragraphs (c) to (f) of that definition were so
               pending immediately before that date,

may be instituted, heard and determined in that Supreme Court on or after the
date fixed by the Proclamation.'';

   (d)  by omitting paragraph (c) of sub-section (4) and substituting the
        following paragraph:-

''(c) counselling facilities will be available to that court.''; and

   (e)  by inserting after sub-section (4) the following sub-section:-

''(4A) A party to proceedings instituted or continued under this Act that are
at any time pending in the Supreme Court of a State or Territory, being
proceedings that could, at the date of the application under this sub-section,
have been instituted in a Family Court of a State, may apply to a Family Court
of a State for an order transferring the proceedings to that Court, and the
Court may order accordingly.''.