Document ID: chunk:federal_register_of_legislation:C2024C00859:section:44:p2
Version: federal_register_of_legislation:C2024C00859
Segment Type: section
Provision Reference: s 44 (pt 2/4)
Character Range: 169999–172603

before or after the commencement of section 21 of the Family Law Amendment Act 1983:
 (a) a divorce order has taken effect; or
 (b) a decree of nullity of marriage has been made;
proceedings of a kind referred to in paragraph (c), (caa), (ca) or (cb) of the definition of matrimonial cause in subsection 4(1) (not being proceedings under section 78 or 79A or proceedings seeking the discharge, suspension, revival or variation of an order previously made in proceedings with respect to the maintenance of a party) shall not be instituted, except by leave of the court in which the proceedings are to be instituted or with the consent of both of the parties to the marriage, after the expiration of 12 months after:
 (c) in a case referred to in paragraph (a)—the date on which the divorce order took effect; or
 (d) in a case referred to in paragraph (b)—the date of the making of the decree.
The court may grant such leave at any time, even if the proceedings have already been instituted.
 (3AA) However, if such proceedings are instituted with the consent of both of the parties to the marriage, the court may dismiss the proceedings if it is satisfied that, because the consent was obtained by fraud, duress or unconscionable conduct, allowing the proceedings to continue would amount to a miscarriage of justice.
 (3A) Notwithstanding subsection (3), where, whether before or after the commencement of section 21 of the Family Law Amendment Act 1983:
 (a) a divorce order has taken effect or a decree of nullity of marriage has been made; and
 (b) the approval under section 87 of a maintenance agreement between the parties to the marriage has been revoked;
proceedings of a kind referred to in paragraph (c), (caa), (ca) or (cb) of the definition of matrimonial cause in subsection 4(1) (not being proceedings under section 78 or 79A or proceedings seeking the discharge, suspension, revival or variation of an order previously made in proceedings with respect to the maintenance of a party) may be instituted:
 (c) within the period of 12 months after:
 (i) the date on which the divorce order took effect or the date of the making of the decree of nullity, as the case may be; or
 (ii) the date on which the approval of the maintenance agreement was revoked;
  whichever is the later; or
 (d) with the leave of the court in which the proceedings are to be instituted;
and not otherwise.
 (3B) Despite subsection (3), if, whether before or after the commencement of Schedule 2 to the Family Law Amendment Act 2000:
 (a) a divorce order has taken effect or a decree of nullity of marriage has been