Document ID: chunk:federal_register_of_legislation:C2024C00859:section:39:p1
Version: federal_register_of_legislation:C2024C00859
Segment Type: section
Provision Reference: s 39 (pt 1/3)
Character Range: 146110–148793

39  Jurisdiction in matrimonial causes
 (1) Subject to this Part, a matrimonial cause may be instituted under this Act:
 (a) in the Federal Circuit and Family Court of Australia (Division 2); or
 (b) in the Supreme Court of a State or a Territory.
 (2) Subject to this Part, a matrimonial cause (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)) may be instituted under this Act in a Court of summary jurisdiction of a State or Territory.
 (3) Proceedings for a divorce order may be instituted under this Act if, at the date on which the application for the order is filed in a court, either party to the marriage:
 (a) is an Australian citizen;
 (b) is domiciled in Australia; or
 (c) is ordinarily resident in Australia and has been so resident for 1 year immediately preceding that date.
 (4) Proceedings of a kind referred to in the definition of matrimonial cause in subsection 4(1), other than proceedings for a divorce order or proceedings referred to in paragraph (f) of that definition, may be instituted under this Act if:
 (a) in the case of proceedings between the parties to a marriage or proceedings of a kind referred to in paragraph (b) of that definition in relation to a marriage—either party to the marriage is an Australian citizen, is ordinarily resident in Australia, or is present in Australia, at the relevant date; and
 (b) in any other case—any party to the proceedings is an Australian citizen, is ordinarily resident in Australia, or is present in Australia, at the relevant date.
 (4A) In subsection (4), relevant date, in relation to proceedings, means:
 (a) if the application instituting the proceedings is filed in a court—the date on which the application is so filed; or
 (b) in any other case—the date on which the application instituting the proceedings is made.
 (5) Subject to this Part and to section 111AA, the Supreme Court of each State is invested with federal jurisdiction, and jurisdiction is conferred on the Federal Circuit and Family Court of Australia (Division 2) and on the Supreme Court of each Territory, with respect to matters arising under this Act in respect of which:
 (a) matrimonial causes are instituted under this Act; 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) provisions of the applicable Rules of Court dealing with the attachment of money payable by the Commonwealth, a State, a Territory or the Government of a Territory, or an authority of the Commonwealth,