{"id":"F2005B01731","name":"Family Law Act 1975 s 40(3) - Proclamation (23/11/1983)","slug":"family-law-act-1975-s-40-3-proclamation-23-11-1983","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":112155,"registerId":"commonwealth-F2005B01731-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Family Law Act 1975 s 40(3) - Proclamation (23/11/1983)","content":"PROCLAMATION\n\nCommonwealth of By His Excellency the\n\nAustralia Governor-General of\n\nN. M. STEPHEN the Commonwealth of\n\nGovernor-General Australia\n\nI, SIR NINIAN MARTIN STEPHEN, the Governor-\n\nGeneral of the Commonwealth of Australia, acting with the\n\nadvice of the Federal Executive Council in pursuance of sub-\n\nsection 40 (3) of the Family Law Act 1975 and section 4 of\n\nthe Acts Interpretation Act 1901, hereby fix 25 November\n\n1983 as the date on and after which proceedings that are\n\nmatrimonial causes referred to in paragraph 39 (5) (a) or (b)\n\nof the Family Law Act 1975 or that are proceedings referred\n\nto in paragraph 39 (5) (c), (d) or (e) of that Act may not be\n\ninstituted or transferred to the Supreme Courts of the\n\nStates of New South Wales, Victoria, Queensland, South\n\nAustralia and Tasmania or to the Supreme Courts of the Aus-\n\ntralian Capital Territory and Norfolk Island.\n\n(L.S.) GIVEN under my Hand and the Great Seal of\n\nAustralia on 23 November 1983.\n\nBy His Excellency’s Command,\n\nGARETH EVANS\n\nAttorney-General\n\nGOD SAVE THE QUEEN!","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":true,"description":"This proclamation changes the practical scope of available fora by preventing institution or transfer of the listed matrimonial proceedings to the named State and territory Supreme Courts from 25 November 1983 (Family Law Act s 40(3); paragraph 39(5)(a)–(e)). The proclamation does not alter which types of proceedings are covered (those are defined by paragraph 39(5)), but it does remove the option of using the specified Supreme Courts from the fixed date. The instrument therefore alters where affected proceedings may be brought without amending the substantive categories in the Family Law Act."},"complexity_factors":["Text is a single-date proclamation with a narrow, clear operative effect (fixes an effective date).","Relies on cross-references to the Family Law Act 1975 (subsection 40(3) and paragraph 39(5)(a)–(e)) which require consulting the Act to know which proceedings are covered.","Relies on general interpretive power in the Acts Interpretation Act 1901 s 4 to validate the date-fixing; technical legal formality but not substantively complex.","Does not itself set transitional procedures or name alternative fora, creating practical ambiguity that requires reference to other provisions or rules.","Multiple specified courts are excluded, so practitioners must check court-specific practice directions and jurisdictional rules."],"plain_english_summary":"This proclamation, made by the Governor‑General under the Family Law Act and Acts Interpretation Act, fixes 25 November 1983 as the date from which certain matrimonial-related proceedings (as identified in the Act) may no longer be instituted or transferred to the Supreme Courts of several States and Territories. It forces litigants and lawyers to pursue those matters in the alternative forum(s) provided by the Family Law Act, shifting jurisdictional, administrative and practical burdens away from the excluded Supreme Courts."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This proclamation performs exactly the function contemplated by section 40(3) of the Family Law Act 1975 — setting a date for the cessation of state Supreme Court jurisdiction over specified matrimonial causes. It has not expanded beyond its original statutory purpose."},"complexity_factors":["Single operative provision fixing a specific date","Relies on external statutory references (Family Law Act 1975 s 39(5) and s 40(3), Acts Interpretation Act 1901 s 4) but does not reproduce their content","No defined terms within the instrument itself","No conditional logic or exceptions within the proclamation text","Straightforward administrative/gazettal function"],"plain_english_summary":"This is a formal proclamation made by the Governor-General in 1983 that set a deadline for certain family law cases to be handled by state Supreme Courts.\n\n**What it does:**\n- Fixes **25 November 1983** as the cut-off date after which specific types of family law proceedings could **no longer** be started in or transferred to the Supreme Courts of New South Wales, Victoria, Queensland, South Australia, Tasmania, the ACT, or Norfolk Island.\n\n**What cases are affected:**\nThe proclamation covers \"matrimonial causes\" — essentially divorce and related proceedings — specifically:\n- Divorce applications (paragraph 39(5)(a) or (b))\n- Proceedings for declarations of validity of marriage (paragraph 39(5)(c))\n- Proceedings for declarations of nullity of marriage (paragraph 39(5)(d))\n- Proceedings for judicial separation (paragraph 39(5)(e))\n\n**Why it matters:**\nThis was part of the historical transition of Australia's family law system. The **Family Court of Australia** had been established in 1975, but there was a gradual phase-out period during which state Supreme Courts could still hear some family law matters. This proclamation marked a key milestone in **centralising** family law jurisdiction in the specialist Family Court, removing these powers from state Supreme Courts for the listed proceedings.\n\n**Who it affects:**\n- People seeking divorce or related matrimonial relief in 1983\n- State Supreme Courts (who lost jurisdiction for these matters)\n- The Family Court of Australia (which gained exclusive jurisdiction)"}},"importantCases":[],"_links":{"self":"/api/acts/family-law-act-1975-s-40-3-proclamation-23-11-1983","history":"/api/acts/family-law-act-1975-s-40-3-proclamation-23-11-1983/history","analysis":"/api/acts/family-law-act-1975-s-40-3-proclamation-23-11-1983/analysis","conflicts":"/api/acts/family-law-act-1975-s-40-3-proclamation-23-11-1983/conflicts","importantCases":"/api/acts/family-law-act-1975-s-40-3-proclamation-23-11-1983/important-cases","documents":"/api/acts/family-law-act-1975-s-40-3-proclamation-23-11-1983/documents"}}