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FAMILY LAW ACT 1975 - SECT 69J

Jurisdiction of courts of summary jurisdiction

             (1)  Subject to subsection (5), each court of summary jurisdiction of each State is invested with federal jurisdiction in relation to matters arising under this Part (other than proceedings for leave under section 60G).

Note:          Under section 39A of the Judiciary Act 1903 , the jurisdiction conferred by this subsection on a State court of summary jurisdiction may only be exercised by certain judicial officers of the court.

             (2)  Subject to subsection (5) and section 69K, jurisdiction is conferred on each court of summary jurisdiction of each Territory in relation to matters arising under this Part (other than proceedings for leave under section 60G).

             (3)  The Governor-General may, by Proclamation, fix a day as the day on and after which proceedings in relation to matters arising under this Part may not be instituted in, or transferred to, a court of summary jurisdiction in a specified State or Territory.

             (4)  Without limiting the generality of subsection (3), a Proclamation under that subsection may be expressed to apply only in relation to one or more of the following:

                     (a)  proceedings of specified classes;

                     (b)  the institution of proceedings in, or the transfer of proceedings to, a court of summary jurisdiction in a specified part of a State or Territory;

                     (c)  the institution of proceedings in, or the transfer of proceedings to, a court of summary jurisdiction constituted in a specified way.

             (5)  A court of summary jurisdiction must not hear and determine proceedings under this Part otherwise than in accordance with any Proclamation in force under subsection (3).

             (6)  The Governor-General may, by Proclamation, declare that a Proclamation under subsection (3) is revoked on and from a specified day.

             (7)  If, under subsection (6), the Governor-General declares that a Proclamation under subsection (3) is revoked:

                     (a)  this Part (including subsection (3)) has effect as if the revoked Proclamation had not been made; but

                     (b)  the effect of the revoked Proclamation on the jurisdiction of courts before the specified day is not affected.



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