Commonwealth Consolidated Acts

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Applicable law generally

  (1)   This section applies to a court exercising jurisdiction in accordance with Subdivision B or C.

  (2)   The court must apply the law of Australia in exercising that jurisdiction.

  (3)   However, the court may in exceptional circumstances apply or take into account the law of another country with which:

  (a)   a child has a substantial connection; or

  (b)   a child's property is substantially connected;

if the court considers the protection of the person of the child, or the child's property, requires the court to do so.

  (4)   In subsection   (2):

"law of Australia" means:

  (a)   law in force throughout Australia; or

  (b)   law in force in a part of Australia;

and includes the principles and rules of the common law and of equity as so in force.

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