{"id":"F2005B01739","name":"Family Law Act 1975 s 40(3) - Proclamation (27/5/1976)","slug":"family-law-act-1975-s-40-3-proclamation-27-5-1976","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":112171,"registerId":"commonwealth-F2005B01739-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 (27/5/1976)","content":"PROCLAMATION\n\nCommonwealth of By His Excellency the\n\nAustralia Governor-General of the\n\nJOHN R. KERR Commonwealth of Australia\n\nGovernor-General\n\nIN pursuance of sub-section 40 (3) of the Family\n\nLaw Act 1975, I, SIR JOHN ROBERT KERR, the\n\nGovernor-General of the Commonwealth of Australia,\n\nacting with the advice of the Federal Executive\n\nCouncil, hereby–\n\n(a) fix 1 June 1976 as the date on and after\n\nwhich proceedings of the classes to which this\n\nProclamation applies may not be instituted in\n\nor transferred to the Supreme Courts of the\n\nStates of New South Wales, Victoria, Queens-\n\nland, South Australia and Tasmania and of\n\nthe Australian Capital Territory and Norfolk\n\nIsland; and\n\n(b) declare that this Proclamation applies only to\n\nproceedings of the classes specified in the\n\nSchedule.\n\n\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\n\nSCHEDULE\n\nClasses of Proceedings to which Proclamation applies\n\nProceedings of a kind referred to in paragraph (a)\n\nof the definition of ‘matrimonial cause’ in sub-section\n\n4 (1) of that Act other than cross-proceedings in the\n\ncourse of proceedings of such a kind where those\n\nlast-mentioned proceedings were pending in the\n\nSupreme Court of the State or Territory concerned\n\nimmediately before 1 June 1976.\n\nProceedings of a kind referred to in paragraph (b)\n\nof that definition.\n\nProceedings of a kind referred to in paragraph\n\n(c), (d), (e) or (f) of that definition other than –\n\n(a) proceedings that relate to proceedings for\n\nprincipal relief pending in the Supreme Court\n\nof the State or Territory concerned immediately\n\nbefore 1 June 1976; or\n\n(b) proceedings between parties between whom\n\nproceedings of a kind referred to in paragraph\n\n(c), (d), (e) or (f) of that definition were so\n\npending immediately before that date.\n\nGIVEN under my Hand and the Great Seal\n\n(L.S.) of Australia on 27 May 1976.\n\nBy His Excellency’s Command,\n\nR. ELLICOTT\n\nAttorney-General\n\nGOD SAVE THE QUEEN!","sortOrder":0}],"analysis":{"summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This instrument does not amend or repeal legislation. It is a proclamation that fixes a date under section 40(3) of the Family Law Act 1975, giving effect to the transition of jurisdiction from state Supreme Courts to the Family Court."},"complexity_factors":["Cross-references the definition of 'matrimonial cause' in section 4(1) of the Family Law Act 1975, which lists multiple categories of proceedings.","Contains exceptions preserving jurisdiction for cross-proceedings and related matters pending immediately before the fixed date in specified courts.","Applies to multiple state and territory Supreme Courts simultaneously."],"plain_english_summary":"This Proclamation fixed 1 June 1976 as the date after which certain matrimonial causes (including divorce and nullity) could not be started in or transferred to the Supreme Courts of NSW, Victoria, Queensland, South Australia, Tasmania, the ACT and Norfolk Island, preserved proceedings already pending there, and thereby put those cases under the newly established Family Court’s jurisdiction."},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"This proclamation performs exactly the function intended by section 40(3) of the Family Law Act 1975—specifying the date and classes of proceedings for transfer of jurisdiction from State Supreme Courts to the Family Court. It has not expanded beyond this original purpose."},"complexity_factors":["Heavy reliance on cross-references to undefined sections of the Family Law Act 1975 (specifically sub-section 4(1) definitions of 'matrimonial cause')","Nested conditional logic in the Schedule with multiple exceptions to exceptions (e.g., 'other than cross-proceedings... where those last-mentioned proceedings were pending')","Requires external knowledge of what paragraphs (a) through (f) of the 'matrimonial cause' definition actually cover","Temporal conditions ('immediately before 1 June 1976') creating grandfathering provisions that require date calculations","Double-negative constructions ('may not be instituted') and dense legal drafting typical of 1970s legislative instruments"],"plain_english_summary":"This is a 1976 proclamation by Governor-General Sir John Kerr that transferred jurisdiction over certain family law matters from State Supreme Courts to the newly created Family Court of Australia.\n\n**What it does:**\n- **Sets a cutoff date:** From 1 June 1976 onwards, specific types of family law proceedings could no longer be started in or moved to the Supreme Courts of NSW, Victoria, Queensland, South Australia, Tasmania, the ACT, and Norfolk Island.\n- **Defines which cases are affected:** The Schedule lists the types of proceedings covered—primarily divorce and related financial/property matters (what the Act calls 'matrimonial causes').\n- **Protects existing cases:** The proclamation includes carve-outs (exceptions) for cases already underway in State Supreme Courts before 1 June 1976. These could continue in those courts rather than being forced to move to the Family Court.\n\n**Who it affects:**\n- People seeking divorce or dealing with property/financial matters after marriage breakdown\n- Lawyers practising in family law\n- State Supreme Courts (which lost this jurisdiction)\n- The new Family Court of Australia (which gained this jurisdiction)\n\n**Why it matters:**\nThis proclamation was a key step in establishing the Family Court as the central specialist court for family law in Australia, removing these matters from generalist State Supreme Courts. It represents the practical implementation of the Family Law Act 1975, creating a single national system for handling divorce and related disputes rather than having different rules across different states."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The proclamation does not change the substantive classes of family law proceedings defined in the Act; it fixes a commencement date (1 June 1976) and specifies limited exceptions for proceedings pending in State/Territory Supreme Courts immediately before that date (see Schedule). It therefore implements timing and forum rules rather than altering the statutory scope of causes of action."},"complexity_factors":["Cross-reference to definitions in s 4(1) of the Family Law Act (the Schedule identifies classes by reference to paragraphs (a)–(f)), requiring readers to consult the Act for precise scope","Exceptions for proceedings already pending immediately before the commencement date create conditional rules (pending cases remain in State Supreme Courts in specified circumstances)","Multiple jurisdictions listed (NSW, VIC, QLD, SA, TAS, ACT and Norfolk Island) requiring attention to territorial application","Short, technical instrument that relies on the broader Family Law Act for substantive effect (the proclamation fixes date and scope but does not itself define or create causes of action)"],"plain_english_summary":"This Governor‑General proclamation under s 40(3) of the Family Law Act 1975 sets 1 June 1976 as the date from which certain family law proceedings may no longer be started in or transferred to the listed State and Territory Supreme Courts. It applies only to the classes of proceedings described in the Schedule and preserves proceedings already pending in those courts as specified. Effectively, parties seeking those kinds of matrimonial relief after that date must use the federal forum authorised by the Act rather than the named State Supreme Courts."}},"importantCases":[],"_links":{"self":"/api/acts/family-law-act-1975-s-40-3-proclamation-27-5-1976","history":"/api/acts/family-law-act-1975-s-40-3-proclamation-27-5-1976/history","analysis":"/api/acts/family-law-act-1975-s-40-3-proclamation-27-5-1976/analysis","conflicts":"/api/acts/family-law-act-1975-s-40-3-proclamation-27-5-1976/conflicts","importantCases":"/api/acts/family-law-act-1975-s-40-3-proclamation-27-5-1976/important-cases","documents":"/api/acts/family-law-act-1975-s-40-3-proclamation-27-5-1976/documents"}}