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FAMILY LAW ACT 1975 - SECT 45

Stay and transfer of proceedings

             (1)  Where there are pending in a court proceedings that have been instituted under this Act or are being continued in accordance with any of the provisions of section 9 and it appears to that court that other proceedings that have been so instituted or are being so continued in relation to the same marriage or void marriage or the same matter are pending in another court, the first-mentioned court may stay the first-mentioned proceedings for such time as it considers appropriate or may dismiss the proceedings.

          (1A)  For the purposes of subsection (1), if the bankruptcy trustee of a bankrupt party to a marriage applies under section 139A of the Bankruptcy Act 1966 for an order under Division 4A of Part VI of that Act, proceedings relating to that application are taken to be proceedings under this Act in relation to the marriage.

          (1B)  For the purposes of subsection (1):

                     (a)  a de facto financial cause instituted in relation to a de facto relationship; and

                     (b)  proceedings relating to an application, by the bankruptcy trustee of one of the parties to the de facto relationship, under section 139A of the Bankruptcy Act 1966 for an order under Division 4A of Part VI of that Act;

are taken to be proceedings under this Act in relation to the same matter.

          (1C)  For the purposes of subsection (1), the first proceedings set out in each item of following table, and the second proceedings set out in that item, are taken to relate to the same matter if one of the parties to each marriage, void marriage or de facto relationship referred to in that item is the same.

 

Proceedings relating to the same matter

Item

First proceedings

Second proceedings

1

a matrimonial cause instituted in relation to a marriage (or void marriage)

a de facto financial cause instituted in relation to a de facto relationship

2

a de facto financial cause instituted in relation to a de facto relationship

a de facto financial cause instituted in relation to a de facto relationship

             (2)  Where there are pending in a court proceedings that have been instituted under this Act or are being continued in accordance with any of the provisions of section 9 and it appears to that court that it is in the interests of justice, or of convenience to the parties, that the proceedings be dealt with in another court having jurisdiction under this Act, the court may transfer the proceedings to the other court. However, this subsection does not apply to particular proceedings if:

                     (a)  the first-mentioned court is the Family Court and the other court is the Federal Circuit Court of Australia; or

                     (b)  the first-mentioned court is the Federal Circuit Court of Australia and the other court is the Family Court.

Note 1:       For transfers from the Family Court to the Federal Circuit Court of Australia, see section 33B.

Note 2:       For transfers from the Federal Circuit Court of Australia to the Family Court, see section 39 of the Federal Circuit Court of Australia Act 1999 .

             (3)  A transfer under subsection (2) may be made on the application of any party to the proceedings.

             (4)  A transfer under subsection (2) may be made on the transferring court's own initiative if the transfer is:

                     (a)  from a Family Court of a State to a court of summary jurisdiction prescribed in regulations made for the purposes of section 44A; or

                     (b)  from a court of summary jurisdiction prescribed in those regulations to a Family Court of a State.



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