Commonwealth Numbered Acts

FAMILY LAW AMENDMENT ACT 1979 No. 23 of 1979 - SECT 5

5. Section 9 of the Principal Act is amended-

   (a)  by omitting from sub-section (1) ''sub-section (2)'' and substituting
        ''sub-sections (2) and (2A)''; and

   (b)  by inserting after sub-section (2) the following sub-section:

''(2A) Where sub-section (2) does not apply but the parties have lived
separately and apart for a continuous period of not less than 12 months
immediately preceding the date of making of the request under this
sub-section, pending proceedings for a decree of dissolution of marriage
shall, if either party so requests, be dealt with as if they were proceedings
instituted under this Act on the ground referred to in section 48, and, in
relation to proceedings in which such a request is made, sub-section 48 (2)
has effect as if the proceedings for dissolution of marriage had been
instituted by an application filed on the date of making of the request.''.