Document ID: chunk:federal_register_of_legislation:C2006A00151:clause:1_16
Version: federal_register_of_legislation:C2006A00151
Segment Type: clause
Provision Reference: sch 1 cl 16
Character Range: 9653–10690

16  Jurisdiction of courts

Conferral of jurisdiction

(1) Jurisdiction in matters arising under this Part is conferred on:
 (a) the Family Court of Australia; and
 (b) the Federal Magistrates Court.

Note: Sections 39 and 39B of the Judiciary Act 1903 give State courts and the Federal Court of Australia jurisdiction in matters arising under this Part.

Limitation of jurisdiction

(2) A court has jurisdiction in a matter arising under this Part in relation to an ineffective order only if it had jurisdiction in the matter (the initial matter) in connection with which the order was purportedly made. The court's jurisdiction in the matter arising under this Part is subject to the same conditions and limitations as would apply to it in dealing with the initial matter.

(3) Subitem (2) applies whether the court has jurisdiction in the matter arising under this Part because of subitem (1) or otherwise.

[Minister's second reading speech made in—
Senate on 13 September 2006
House of Representatives on 28 November 2006]
(126/06)