Commonwealth legislation

Family Law Act 1975 s 40(3) - Proclamation (23/11/1983)

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legislative instrument

Plain English Summary

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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.

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Current sections

Direct links to the current provisions in Family Law Act 1975 s 40(3) - Proclamation (23/11/1983).

Family Law Act 1975 s 40(3) - Proclamation (23/11/1983)

PROCLAMATION

Commonwealth of By His Excellency the

Australia Governor-General of

N. M. STEPHEN the Commonwealth of

Governor-General Australia

I, SIR NINIAN MARTIN STEPHEN, the Governor-

General of the Commonwealth of Australia, acting with the

advice of the Federal Executive Council in pursuance of sub-

section 40 (3) of the Family Law Act 1975 and section 4 of

the Acts Interpretation Act 1901, hereby fix 25 November

1983 as the date on and after which proceedings that are

matrimonial causes referred to in paragraph 39 (5) (a) or (b)

of the Family Law Act 1975 or that are proceedings referred

to in paragraph 39 (5) (c), (d) or (e) of that Act may not be

instituted or transferred to the Supreme Courts of the

States of New South Wales, Victoria, Queensland, South

Australia and Tasmania or to the Supreme Courts of the Aus-

tralian Capital Territory and Norfolk Island.

(L.S.) GIVEN under my Hand and the Great Seal of

Australia on 23 November 1983.

By His Excellency’s Command,

GARETH EVANS

Attorney-General

GOD SAVE THE QUEEN!

Source text

Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.

1 Family Law Act 1975 s 40(3) - Proclamation (23/11/1983)