Commonwealth Numbered Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

FAMILY LAW ACT 1975 No. 53 of 1975 - SECT 14

Conciliation.
14. (1) Where proceedings for a dissolution of marriage have been instituted,
or financial or custodial proceedings have been instituted by a party to a
subsisting marriage, it is the duty of the Judge or magistrate constituting
the court and of every legal practitioner representing a party to give
consideration, from time to time, to the possibility of a reconciliation of
the parties.

(2) If, in such proceedings, it appears at any time to the Judge or magistrate
from the evidence in the proceedings or the attitude of the parties, or of
either of them, that there is a reasonable possibility of such a
reconciliation, the Judge or magistrate may-

   (a)  adjourn the proceedings to afford the parties an opportunity to
        consider a reconciliation;

   (b)  with the consent of those parties, interview them in chambers, with or
        without counsel, as the Judge thinks proper, with a view to effecting
        a reconciliation; and

   (c)  if he thinks it desirable to do so, nominate-

        (i)    a marriage counsellor or an approved marriage counselling
               organization; or

        (ii)   in special circumstances, some other suitable person or
               organization,

to assist those parties in considering a reconciliation.

(3) If, after an adjournment under sub-section (2) has taken place, either of
the parties requests that the hearing be proceeded with, the Judge or
magistrate shall resume the hearing as soon as practicable.

(4) Where the court makes an order or grants an injunction under section  114
, the court shall, if it is of opinion that it is in the interests of the
parties or of the children of the marriage to do so, direct or advise either
or both of the parties to attend upon a marriage counsellor, but failure to
comply with such direction or advice does not constitute a contempt of the
court.

(5) Where a court having jurisdiction under this Act is of the opinion that
counselling may assist the parties to a marriage to improve their relationship
to each other and to any child of the marriage, it may advise the parties to
attend upon a marriage counsellor or an approved marriage counselling
organization and, if it thinks it desirable to do so, adjourn any proceedings
before it to enable the attendance.

(6) Where it appears from an application for dissolution of a marriage that
the parties have been married for less than 2 years preceding the date of
filing of the application, the court shall not hear the proceedings unless the
court is satisfied that- marriage counsellor, an approved marriage counselling
organization or some other suitable person or organization nominated by the
Director of Counselling and Welfare; or

   (b)  there are special circumstances by reason of which the hearing should
        proceed. 


AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback