(1) The Court has
throughout the State the non-federal jurisdictions conferred on it by or under
this or any other Act.
(2) Without limiting
subsection (1), the Court has non-federal jurisdiction throughout the State,
subject to the Family Law Act, the Adoption Act 1994 , the Surrogacy Act 2008
and the Children and Community Services Act 2004 , to make —
(a)
parenting orders in respect of; and
(b)
orders in respect of the welfare of; and
(c)
orders under section 71 in respect of the appointment and removal of the
guardian of; and
(d)
orders in relation to child bearing expenses and other expenses specified in
this Act incurred with respect to,
any child of a
marriage and any child whose parents were not married to each other at the
time of the birth of the child or subsequently, whether or not the child is a
member of a family.
(3) Subject to this
Act, the Court has non-federal jurisdiction under this Act to make —
(a) a
parenting order, other than a child maintenance order, in relation to a child;
or
(b) an
order with respect to the welfare of a child,
if —
(c) the
child in respect of whom the order is sought is then present in the State; and
(d) the
applicant or the respondent in the proceedings in which the order is sought is
resident in the State.
(4) Subject to this
Act, the Court in exercising its non-federal jurisdiction under this Act may
make —
(a) a
child maintenance order; or
(b) any
other order that is neither a parenting order in relation to a child nor an
order with respect to the welfare of a child,
if —
(c) the
person against whom the order is sought; or
(d) the
person for whose benefit the order is sought,
is resident in this
State.
(4a) Without limiting
subsection (1), the Court has jurisdiction under Part 5A to —
(a) make
declarations and to revoke declarations that it has made;
(b) hear
and decide all other matters under that Part,
and in particular the
Court has jurisdiction to hear and decide the following —
(c)
applications for orders with respect to property;
(ca)
applications for orders under this Act with respect to vested bankruptcy
property;
(d)
applications for orders for the provision of maintenance.
(5) Subject to this
section, the Court has non-federal jurisdiction to make an order under this
Act whether or not the facts or circumstances, or any of them, the existence
or occurrence of which is necessary for the making of the order took place or
arose before the coming into operation of this Act or outside the State.
(6) Where a child the
subject of proceedings appears to be a child in need of protection within the
meaning of the Children and Community Services Act 2004 the Court has, in
relation to the child, in addition to the powers conferred by this Act, all
the powers of the Children’s Court.
[(7) deleted]
(8) Non-federal
jurisdiction conferred on the Court is exclusive of any other court except as
provided under section 39 or where an appeal lies to the Supreme Court.
[Section 36 amended: No. 25 of 2002 s. 32; No. 34
of 2004 Sch. 2 cl. 10(3)-(5); No. 47 of 2008 s. 60; No. 28 of 2022 s. 6.]