Commonwealth Numbered Acts

FAMILY LAW AMENDMENT ACT 1991 No. 37 of 1991 - SECT 18

18. Section 114AB of the Principal Act is amended by omitting subsections (2)
and (3) and substituting the following subsection:

"(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 70C or 114, the person is not entitled
to institute a proceeding under section 70C 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        proceeding have been set aside or are no longer in force; and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 70C or 114, to do an act, or to refrain from
        doing an act.".