Commonwealth Numbered Acts

FAMILY LAW ACT 1975 No. 53 of 1975 - SECT 3

3. (1) The Matrimonial Causes Act 1959, the Matrimonial Causes Act 1965 and
the Matrimonial Causes Act 1966 are repealed.

(2) Notwithstanding the repeal effected by sub-section (1)-

   (a)  the validity of a decree made before the commencement of the
        Matrimonial Causes Act 1959 by virtue of the Imperial Act entitled the
        Matrimonial Causes (War Marriages) Act, 1949 or Part I of the
        Matrimonial Causes (War Marriages) Act 1947 of New Zealand and in
        force immediately before the commencement of this Act shall continue
        to be recognized in all courts in Australia;

   (b)  a decree of the Supreme Court of a State or Territory made before the
        commencement of the Matrimonial Causes Act 1959 in the exercise of
        jurisdiction invested or conferred by the Matrimonial Causes Act 1945,
        or that Act as amended by the Matrimonial Causes Act 1955, and in
        force immediately before the commencement of this Act shall continue
        to have effect throughout Australia; and

   (c)  a decree of the Supreme Court, or of a court of summary jurisdiction,
        of a State or Territory-

        (i)    made before the commencement of this Act in the exercise of
               jurisdiction invested or conferred by the repealed Act, or in a
               matrimonial cause or proceedings for a separation order
               instituted under the law of that State or Territory, being a
               decree that was in force immediately before the commencement of
               this Act; or

        (ii)   made after the commencement of this Act in proceedings to which
               sub-section 9 (1) applied,

shall have, or continue to have, effect throughout Australia, and, except in
the case of-

        (iii)  a decree of nullity of marriage made on the ground that the
               marriage was voidable;

        (iv)   a decree of judicial separation;

        (v)    a decree of restitution of conjugal rights;

        (vi)   a decree of jactitation of marriage; or

        (vii)  a separation order,

this Act applies to and in relation to the decree as if the decree had been
made under this Act.

(3) For the purposes of paragraph (2) (c), a purported decree to which section
5 of the Matrimonial Causes Act 1971 applies made in a State shall be deemed
to be a decree of the Supreme Court of that State made in the exercise of
jurisdiction invested by the repealed Act.