Document ID: chunk:federal_register_of_legislation:C2004A05014:section:6:p62
Version: federal_register_of_legislation:C2004A05014
Segment Type: section
Provision Reference: s 6 (pt 62/86)
Character Range: 208392–211202

Proclamation under subsection (3) is revoked on and from a specified day.

"(7) If, under subsection (6), the Governor-General declares that a Proclamation under subsection (3) is revoked:

   (a) this Part (including subsection (3)) has effect as if the revoked Proclamation had not been made; but

   (b) the effect of the revoked Proclamation on the jurisdiction of courts before the specified day is not affected.

Territory court does not have jurisdiction unless a party is ordinarily resident in the Territory

"69K. A court of a Territory must not hear or determine proceedings under this Part unless at least one of the parties to the proceedings is ordinarily resident in the Territory when the proceedings are instituted or are transferred to the court.

Jurisdiction in relation to transferred matters under other Commonwealth laws

"69L. If proceedings in relation to a matter arising under a law of the Commonwealth are transferred under this Act to a court that has jurisdiction conferred on or invested in it by this Division, the jurisdiction so conferred on or invested in the court includes jurisdiction in relation to that matter.

Jurisdiction is additional to other jurisdiction

"69M. The jurisdiction conferred on or invested in a court by this Division is in addition to any jurisdiction conferred on or invested in the court apart from this Division.

Transfer of proceedings from courts of summary jurisdiction in certain cases

"69N.(1) This section applies if:

(a) proceedings for a parenting order are instituted in a court of summary jurisdiction; and

    (b) the respondent, in answer to the application by which the proceedings were instituted, seeks an order different from that sought in the application.

"(2) The court must, before going on to hear and determine the proceedings, inform the parties that, unless each of them consents to the court hearing and determining the proceedings, the court is required to transfer the proceedings to the Family Court, a Family Court of a State or the Supreme Court of the Northern Territory.

"(3) If the parties do not consent to the court hearing and determining the proceedings, the court must transfer the proceedings accordingly.

"(4) Before transferring the proceedings, the court may make such orders (including an order under subsection 62F(2)) as it considers necessary pending the disposal of the proceedings by the court to which they are transferred.

"(5) If the parties consent to the court hearing and determining the proceedings:

    (a) a party is not entitled, without leave of the court, subsequently to object to the proceedings being heard and determined by the court; but

    (b) the court may, on its own initiative, transfer the proceedings to the Family Court, a Family Court of a State or the Supreme