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FAMILY LAW ACT 1975 - SECT 9

Transitional

             (1)  Subject to subsections (2) and (2A), pending proceedings for a decree of dissolution of marriage or for a decree of nullity of marriage on the ground that the marriage is voidable, and pending proceedings for a separation order, may be continued and shall be dealt with as if this Act had not been passed.

             (2)  Where the parties have lived separately and apart for a continuous period of not less than 12 months immediately preceding the date of commencement of this Act, pending proceedings for a decree of dissolution of marriage shall, if either party so requests, be dealt with as if they were proceedings instituted under this Act on the ground referred to in section 48, and, in relation to proceedings in which such a request is made, subsection 48(2) has effect as if the proceedings for dissolution of marriage had been instituted by an application filed on the date of commencement of this Act.

          (2A)  Where subsection (2) does not apply but the parties have lived separately and apart for a continuous period of not less than 12 months immediately preceding the date of making of the request under this subsection, pending proceedings for a decree of dissolution of marriage shall, if either party so requests, be dealt with as if they were proceedings instituted under this Act on the ground referred to in section 48, and, in relation to proceedings in which such a request is made, subsection 48(2) has effect as if the proceedings for dissolution of marriage had been instituted by an application filed on the date of making of the request.

             (3)  Pending proceedings for a decree of nullity of marriage on the ground that the marriage is void or proceedings of a kind referred to in paragraph (b) of the definition of matrimonial cause in subsection 4(1) may be continued and shall be dealt with as if they were proceedings instituted under this Act.

             (4)  Pending proceedings constituting a matrimonial cause, not being proceedings for principal relief, whether instituted under the repealed Act or under the law of a State or Territory, may be continued and shall be dealt with as if they were proceedings instituted under this Act.

             (5)  Subsection 117(1) does not apply to proceedings continued and dealt with under this section.

             (6)  Where, in any proceedings constituting a matrimonial cause, a decree has been made before the commencement of this Act:

                     (a)  any appeal in respect of that decree may be continued or instituted;

                     (b)  any new trial or re-hearing ordered upon the hearing of such an appeal, or upon an appeal heard before the commencement of this Act, may be had and completed; and

                     (c)  any decree may be made upon any such appeal, new trial or re-hearing, and, if a decree so made is a decree nisi , the decree may become absolute;

as if this Act had not been passed.

             (7)  Where, in any proceedings constituting a matrimonial cause, a decree nisi was made before the commencement of this Act but did not become absolute before that date, the decree becomes absolute upon:

                     (a)  the expiration of 1 month from the date of making of the decree;

                     (b)  the expiration of 1 month from the date of making of a relevant order under subsection 71(1) of the repealed Act or section 55A of this Act; or

                     (c)  the date of commencement of this Act;

whichever is the latest.

          (7A)  Where, in any proceedings constituting a matrimonial cause, being proceedings continued and dealt with in accordance with subsection (1), a decree nisi was made on or after 5 January 1976 and before the date of commencement of this subsection, being a decree that did not become absolute before that last-mentioned date, or is made on or after the date of commencement of this subsection, then:

                     (a)  except in the case of a decree made before the date of commencement of this subsection in respect of which a relevant order was made under subsection 71(1) of the repealed Act before that date--section 55A of this Act applies in relation to the decree; and

                     (b)  the decree becomes absolute upon:

                              (i)  the expiration of one month from:

                                        (A)  in the case of a decree in respect of which a relevant order was made under subsection 71(1) of the repealed Act before the date of commencement of this subsection--the date of making of that order; or

                                        (B)  in any other case--the date of making of a relevant order under section 55A of this Act; or

                             (ii)  the date of commencement of this subsection;

                            whichever is the later.

             (8)  The law to be applied, and the practice and the procedure to be followed, in and in relation to pending proceedings that are continued as if this Act had not been passed shall be the same as if this Act had not been passed.

             (9)  In this section:

"appeal " includes:

                     (a)  an application for leave or special leave to appeal;

                     (b)  an application for a new trial or for a re-hearing; and

                     (c)  an intervention.

"pending proceedings " means proceedings that were instituted before the date of commencement of this Act but were not completed before that date.

   



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