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FAMILY LAW ACT 1975 - SECT 69GA

Operation of this Subdivision in relation to prescribed courts

             (1)  This section applies if, for the purposes of this section, the regulations prescribe one or more courts (whether in relation to proceedings generally or specified classes of proceedings).

Prescribed State and Territory courts

             (2)  This Subdivision applies in relation to proceedings (the section 69GA proceedings ) that are:

                     (a)  heard in a court prescribed for the purposes of subsection (1); and

                     (b)  if the regulations specify classes of proceedings in relation to the court--proceedings in that class;

in the same way as this Subdivision would apply if those proceedings were heard in a court of summary jurisdiction.

Applicable rules of court

             (3)  The regulations may prescribe the Rules of Court, as in force from time to time, that are to apply in relation to section 69GA proceedings. Without limiting subsection 33(3A) of the Acts Interpretation Act 1901 , the rules of court prescribed may relate to a particular court or courts generally.

             (4)  The Rules of Court made under section 123, as in force from time to time, apply in relation to section 69GA proceedings heard in a particular court if:

                     (a)  the regulations do not prescribe rules of court in relation to that court; or

                     (b)  both of the following apply:

                              (i)  the rules of court prescribed by the regulations in relation to that court do not deal with a matter arising in the proceedings;

                             (ii)  the Rules of Court made under section 123 deal with that matter.

Consultation with State and Territories

             (5)  Before the Governor-General makes regulations for the purposes of subsection (1) or (3) in relation to a particular court or courts in a State or Territory, the Minister must be satisfied that the Minister with responsibility for courts in that State or Territory has been consulted.

             (6)  Subsection (5) does not limit section 17 of the Legislation Act 2003 (rule-makers should consult before making legislative instrument).



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