Document ID: chunk:federal_register_of_legislation:C2004A05014:section:6:p63
Version: federal_register_of_legislation:C2004A05014
Segment Type: section
Provision Reference: s 6 (pt 63/86)
Character Range: 210971–213485

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 Court of the Northern Territory.

"(6) If the court subsequently gives leave to a party to object to the proceedings being heard and determined by the court, the court must transfer the proceedings to the Family Court, a Family Court of a State or the Supreme Court of the Northern Territory.

"(7) A court to which proceedings are transferred must deal with the proceedings as if they had been instituted in the court.

"(8) Failure by a court of summary jurisdiction to comply with this section in relation to proceedings does not invalidate any order made by the court in the proceedings.

"(9) Subsection (8) does not affect the duty of a court of summary jurisdiction to comply with this section.

"Subdivision D—Presumptions of parentage

Presumptions of parentage arising from marriage

"69P.(1) If a child is born to a woman while she is married, the child is presumed to be a child of the woman and her husband.

"(2) If:

(a) at a particular time:

(i) a marriage to which a woman is a party is ended by death; or

(ii) a purported marriage to which a woman is a party is annulled; and

(b) a child is born to the woman within 44 weeks after that time;

the child is presumed to be a child of the woman and the husband or purported husband.

"(3) If:

(a) the parties to a marriage separated at any time; and

(b) after the separation, they resumed cohabitation on one occasion; and

    (c) within 3 months after the resumption of cohabitation, they separated again and lived separately and apart; and

    (d) a child is born to the woman within 44 weeks after the end of the cohabitation, but after the dissolution of the marriage;

the child is presumed to be a child of the woman and the husband.

Presumption of paternity arising from cohabitation

"69Q. If:

(a) a child is born to a woman; and

    (b) at any time during the period beginning not earlier than 44 weeks and ending not less than 20 weeks before the birth, the woman cohabited with a man to whom she was not married;

the child is presumed to be a child of the man.

Presumption of parentage arising from registration of birth

"69R. If a person's name is entered as a parent of a child in a register of births or parentage information kept under a law of the Commonwealth or of a State, Territory or