Document ID: chunk:federal_register_of_legislation:C2004A03590:body:0:p5
Version: federal_register_of_legislation:C2004A03590
Segment Type: other
Provision Reference: 
Character Range: 11682–14446

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."; and
     (b) by omitting paragraphs (5) (c) and (6) (c).

Jurisdiction of Family Court
17. Section 40 of the Principal Act is amended by adding at the end the following subsection:
"(8) This section does not apply in relation to proceedings under Part VII.".

Principles to be applied by courts
18. Section 43 of the Principal Act is amended:
     (a) by omitting "or any other Act"; and
     (b) by omitting from paragraph (d) "the children of the marriage" and substituting "their children".

Institution of proceedings
19. Section 44 of the Principal Act is amended by omitting subsection (4) and substituting the following subsection:
"(4) The court shall not grant leave under subsection (3) or (3a) unless it is satisfied:
     (a) that hardship would be caused to a party to the relevant marriage or a child if leave were not granted; or
     (b) in the case of proceedings in relation to the maintenance of a party to a marriage—that, at the end of the period within which the proceedings could have been instituted without the leave of the court, the circumstances of the applicant were such that the applicant would have been unable to support himself or herself without an income tested pension, allowance or benefit.".

Transfer of proceedings from court of summary jurisdiction in certain cases
20. Section 46 of the Principal Act is amended:
     (a) by omitting subsection (1) and substituting the following subsection:
    "(1) Where proceedings are instituted in a court of summary jurisdiction in relation to property of a value exceeding the amount in relation to which the court has jurisdiction in an action for the recovery of a debt and the respondent, in answer to the application by which the proceedings are instituted, seeks an order different from that sought in the application:
          (a) the court shall, before proceeding to hear and determine the proceedings, inform the parties that, unless each of them consents to the court hearing and determining the proceedings, the court is required to transfer the proceedings to the Family Court or to the Supreme Court of a State or Territory; and
          (b) unless the parties consent to the court hearing and determining the proceedings—the court shall transfer the proceedings to the Family Court or to the Supreme Court of a State or Territory."; and
     (b)