Commonwealth Consolidated Acts

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FAMILY LAW ACT 1975 - SECT 114AB

Operation of State and Territory laws

             (1)  Sections 68B, 68C, 114 and 114AA are not intended to exclude or limit the operation of a prescribed law of a State or Territory that is capable of operating concurrently with those sections.

             (2)  Where a person has instituted a proceeding or taken any other action under a prescribed law of a State or Territory in respect of a matter in respect of which the person would, but for this subsection, have been entitled to institute a proceeding under section 68B or 114, the person is not entitled to institute a proceeding under section 68B or 114 in respect of that matter, unless:

                     (a)  where the person instituted a proceeding:

                              (i)  the proceeding has lapsed, been discontinued, or been dismissed; or

                             (ii)  the orders (if any) made as a result of the institution of the proceeding have been set aside or are no longer in force; and

                     (b)  where the person took other action--neither that person nor any other person is required, at the time that the person institutes a proceeding under section 68B or 114, to do an act, or to refrain from doing an act.

   



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