Family Law Act. Australia

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СКАЧАТЬ of Court made for the purposes of paragraph 123(1)(r); or (da) proceedings are instituted under Division 4 of Part XIIIAA or under regulations made for the purposes of section 111CZ; or (e) proceedings are instituted under section 117A.

      (5AA) Subject to this Part and to section 111AA, the Federal Circuit Court of Australia has, and is taken always to have had, jurisdiction with respect to matters arising under this Act in respect of which matrimonial causes (other than proceedings of a kind referred to in subparagraph (a)(ii) or paragraph (b) of the definition of matrimonial cause in subsection 4(1)) are instituted under this Act.

      (5A) Subject to this Part and to section 111AA, the Federal Circuit Court of Australia has jurisdiction with respect to matters arising under this Act in respect of which proceedings are instituted under: (a) regulations made for the purposes of section 109, 110, 111, 111A or 111B; or (b) regulations made for the purposes of paragraph 125(1)(f) or (g); or (c) section 117A; or (d) proceedings are instituted under Division 4 of Part XIIIAA or under regulations made for the purposes of section 111CZ.

      (6) Subject to this Part and to section 111AA, each court of summary jurisdiction of each State is invested with federal jurisdiction, and jurisdiction is conferred on each court of summary jurisdiction of each Territory, with respect to matters arising under this Act in respect of which: (a) matrimonial causes (other than proceedings of a kind referred to in subparagraph (a)(ii) or paragraph (b) of the definition of matrimonial cause in subsection 4(1)) are instituted under this Act; or (b) matrimonial causes (other than proceedings of a kind referred to in subparagraph (a)(ii) or paragraph (b) of the definition of matrimonial cause in subsection 4(1)) are continued in accordance with section 9; or (d) proceedings are instituted under: (i) regulations made for the purposes of section 109, 110, 111, 111A or 111B; or (ii) regulations made for the purposes of paragraph 125(1)(f) or (g); or (iii) standard Rules of Court made for the purposes of paragraph 123(1)(r); or (iv) Rules of Court made for the purposes of paragraph 87(1)(j) of the Federal Circuit Court of Australia Act 1999; or (da) proceedings are instituted under Division 4 of Part XIIIAA or under regulations made for the purposes of section 111CZ; or (e) proceedings are instituted under section 117A.

      Note: Under section 39A of the Judiciary Act 1903, the jurisdiction conferred by this subsection on a State court of summary jurisdiction may only be exercised by certain judicial officers of the court.

      (7) The Governor‑General may, by Proclamation, fix a day as the day on and after which proceedings in relation to matters arising under this Part may not be instituted in, or transferred to, a court of summary jurisdiction in a specified State or Territory.

      (7AAA) Without limiting the generality of subsection (7), a Proclamation under that subsection may be expressed to apply only in relation to one or more of the following: (a) proceedings of specified classes; (b) the institution of proceedings in, or the transfer of proceedings to, a court of summary jurisdiction in a specified part of a State or Territory; (c) the institution of proceedings in, or the transfer of proceedings to, a court of summary jurisdiction constituted in a specified way.

      (7AA) A court of summary jurisdiction in a State or Territory shall not hear or determine proceedings under this Act instituted in or transferred to that court otherwise than in accordance with any Proclamation in force under subsection (7).

      (7A) The Governor‑General may, by Proclamation, declare that a Proclamation made under subsection (7) is revoked on and from a specified date and, on and after the specified date, this Act (including subsection (7)) has effect as if the revoked Proclamation had not been made, but without prejudice to the effect of the revoked Proclamation in respect of the jurisdiction of courts before the specified date.

      (8) Jurisdiction with respect to a matter arising under this Act in respect of which a matrimonial cause is instituted under this Act is not conferred on a court of a Territory unless at least one of the parties to the proceedings is, at the date of the institution of the proceedings or the date of the transfer of the proceedings to the court of the Territory, ordinarily resident in the Territory.

      (9) The jurisdiction conferred on or invested in a court by this section includes jurisdiction with respect to matters arising under any law of the Commonwealth in respect of which proceedings are transferred to that court in accordance with this Act.

      Division 2 — Jurisdiction in de facto financial causes

      39A Instituting proceedings Instituting proceedings under this Act (1) A de facto financial cause may be instituted under this Act in: (a) the Family Court; or (b) the Federal Circuit Court of Australia; or (c) the Supreme Court of the Northern Territory of Australia; or (d) a court of summary jurisdiction of a participating jurisdiction.

      (2) However: (a) in the case of proceedings between the parties to the de facto relationship — either of those parties; or (b) in any other case — at least one of the parties to the proceedings; must be an Australian citizen, ordinarily resident in Australia or present in Australia on the following day: (c) if the application instituting the proceedings is filed in a court — the day on which the application is so filed; (d) in any other case — the day on which the application instituting the proceedings is made.

      (3) Subsection (2) does not apply in relation to proceedings referred to in paragraph (g) of the definition of de facto financial cause in subsection 4(1).

      (4) Subsection (1) has effect subject to this Part.

      Proceedings only to be instituted under this Act (5) A de facto financial cause that may be instituted under this Act must not, after the commencement of this section, be instituted otherwise than under this Act.

      (6) Subsection (5) has effect subject to subsection 90RC(5).

      39B Jurisdiction in de facto financial causes (1) Jurisdiction is conferred on: (a) the Family Court; and (b) the Federal Circuit Court of Australia; and (c) the Supreme Court of the Northern Territory of Australia; and (d) each court of summary jurisdiction of each Territory; with respect to matters arising under this Act in respect of which de facto financial causes are instituted under this Act.

      Note 1: The exercise of this jurisdiction by the Family Court is subject to section 40.

      Note 2: The exercise of this jurisdiction by the Federal Circuit Court of Australia is subject to section 40A.

      Note 3: The exercise of this jurisdiction by a Territory court is subject to sections 39C, 39D, 39E and 39F.

      (2) Each court of summary jurisdiction of each referring State is invested with federal jurisdiction with respect to matters arising under this Act in respect of which de facto financial causes are instituted under this Act.

      Note: The exercise of this jurisdiction by a State court is subject to sections 39D and 39E.

      (3) This section has effect subject to this Part.

      39C Ceasing jurisdiction of Supreme Court of the Northern Territory of Australia (1) The Governor‑General may, by Proclamation, fix a day as the day on and after which a de facto financial cause: (a) may not be instituted in, or transferred to, the Supreme Court of the Northern Territory of Australia; or (b) may be so instituted or transferred only where specified conditions are complied with.

      (2) Without limiting the generality of subsection (1), a Proclamation under that subsection may be expressed to apply only in relation to one or more of the following: (a) proceedings of specified classes; (b) the institution of proceedings in, or the transfer of proceedings to, the СКАЧАТЬ