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FAMILY LAW ACT 1975 No. 53 of 1975 - SECT 39

Jurisdiction in matrimonial causes.
39. (1) Subject to this Part, a person may institute a matrimonial cause under
this Act-

   (a)  in the Family Court; or

   (b)  in the Supreme Court of a State or a Territory.

(2) Subject to this Part, a person may institute a matrimonial cause under
this Act, not being proceedings for principal relief, in a Court of summary
jurisdiction of a State or Territory.

(3) Proceedings for a decree of dissolution of marriage may be instituted
under this Act by a party to the marriage if, at the date on which the
application for the decree is filed in a court, either party to the marriage-

   (a)  is an Australian citizen;

   (b)  is domiciled in Australia; or

   (c)  is ordinarily resident in Australia and has been so resident for 1
        year immediately preceding that date.

(4) Proceedings of a kind referred to in any of paragraphs (a) to (e) of the
definition of ''matrimonial cause'' in sub-section 4 (1), other than
proceedings for a decree of dissolution of marriage, may be instituted under
this Act if-

   (a)  either party to the marriage is an Australian citizen;

   (b)  either party to the marriage is present in Australia; or

   (c)  the proceedings relate to a child of the marriage and the child is
        present in Australia.

(5) Subject to this Part, the Supreme Court of each State is invested with
federal jurisdiction, and jurisdiction is conferred on the Family Court and on
the Supreme Court of each Territory, to hear and determine-

   (a)  matrimonial causes instituted under this Act;

   (b)  matrimonial causes continued in accordance with section 9; and

   (c)  proceedings instituted under regulations made for the purposes of
        section 106, 109, 110 or 111.

(6) Subject to this Part, the courts of summary jurisdiction of each State are
invested with federal jurisdiction, and jurisdiction is conferred on the
courts of summary jurisdiction of each Territory, to hear and determine-

   (a)  matrimonial causes, not being proceedings for principal relief,
        instituted under this Act;

   (b)  matrimonial causes, not being proceedings for principal relief,
        continued in accordance with section 9; and

   (c)  proceedings instituted under regulations made for the purposes of
        section 106, 109, 110 or 111.

(7) The Governor-General may, by Proclamation, fix a date as the date on and
after which proceedings under this Act may not be instituted in or transferred
to a court of summary jurisdiction in a State or Territory or in a part of a
State or Territory specified in the Proclamation and a court of summary
jurisdiction shall not hear and determine any such proceedings so instituted
in, or transferred to, that court on or after that date.

(8) Jurisdiction under this Act in a matrimonial cause instituted under this
Act is not conferred on a court of a Territory unless at least one of the
parties to the proceedings is, at the date of the institution of the
proceedings or the date of the transfer of the proceedings to the court of the
Territory, ordinarily resident in the Territory.

(9) Jurisdiction under this Act in a matrimonial cause continued in accordance
with section 9 is not invested in or conferred on a court other than the court
in which the matrimonial cause was instituted or to which it has been
transferred under sub-section 40 (6) or section 45. 


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