Document ID: chunk:federal_register_of_legislation:C2008A00115:clause:1_39a
Version: federal_register_of_legislation:C2008A00115
Segment Type: clause
Provision Reference: sch 1 cl 39A
Character Range: 23508–24859

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 Magistrates Court; 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).