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FAMILY LAW ACT 1975 - SECT 69N

Transfer of proceedings from courts of summary jurisdiction in certain cases

             (1)  This section applies if:

                     (a)  proceedings for a parenting order (other than a child maintenance order) are instituted in or transferred to a court of summary jurisdiction (other than the Magistrates Court of Western Australia constituted by a Family Law Magistrate of Western Australia); and

                     (b)  the respondent, in answer to the application by which the proceedings were instituted, seeks an order different from that sought in the application.

             (2)  The court must, before going on to hear and determine the proceedings, inform the parties that, unless each of them consents to the court hearing and determining the proceedings, the court is required to transfer the proceedings to:

                     (a)  the Family Court; or

                     (b)  a Family Court of a State; or

                     (c)  the Supreme Court of the Northern Territory; or

                     (d)  the Federal Circuit Court of Australia.

             (3)  If the parties do not consent to the court hearing and determining the proceedings, the court must transfer the proceedings to:

                     (a)  the Family Court; or

                     (b)  a Family Court of a State; or

                     (c)  the Supreme Court of the Northern Territory; or

                     (d)  the Federal Circuit Court of Australia.

             (4)  Before transferring the proceedings, the court may make such orders (including an order under subsection 13C(1)) as it considers necessary pending the disposal of the proceedings by the court to which they are transferred.

             (5)  If the parties consent to the court hearing and determining the proceedings:

                     (a)  a party is not entitled, without leave of the court, subsequently to object to the proceedings being heard and determined by the court; but

                     (b)  the court may, on its own initiative, transfer the proceedings to:

                              (i)  the Family Court; or

                             (ii)  a Family Court of a State; or

                            (iii)  the Supreme Court of the Northern Territory; or

                            (iv)  the Federal Circuit Court of Australia.

             (6)  If the court subsequently gives leave to a party to object to the proceedings being heard and determined by the court, the court must transfer the proceedings to:

                     (a)  the Family Court; or

                     (b)  a Family Court of a State; or

                     (c)  the Supreme Court of the Northern Territory; or

                     (d)  the Federal Circuit Court of Australia.

             (7)  A court to which proceedings are transferred must deal with the proceedings as if they had been instituted in the court.

             (8)  Failure by a court of summary jurisdiction to comply with this section in relation to proceedings does not invalidate any order made by the court in the proceedings.

             (9)  Subsection (8) does not affect the duty of a court of summary jurisdiction to comply with this section.



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