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FAMILY LAW ACT 1975 - SECT 33A

Proceedings not to be instituted in the Family Court if an associated matter is before the Federal Circuit Court

             (1)  Proceedings must not be instituted in the Family Court in respect of a matter if:

                     (a)  the Federal Circuit Court of Australia has jurisdiction in that matter; and

                     (b)  proceedings in respect of an associated matter are pending in the Federal Circuit Court of Australia.

             (2)  Subsection (1) does not apply to:

                     (a)  proceedings for a divorce order; or

                     (b)  proceedings instituted in the Family Court under Division 13A of Part VII or under Part XIII or XIIIA.

             (3)  If:

                     (a)  proceedings are instituted in the Family Court in contravention of subsection (1); and

                     (b)  the proceedings are subsequently transferred to the Federal Circuit Court of Australia;

the proceedings are taken to be as valid as they would have been if subsection (1) had not been enacted.



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