Commonwealth Numbered Acts

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FAMILY LAW ACT 1975 No. 53 of 1975 - SECT 41

Establishment of State Family Courts.
41. (1) As soon as practicable after the commencement of this Act, the
Australian Government shall take steps with a view to the making of agreements
with the governments of the States providing for the creation of State courts
to be known as Family Courts, being agreements under which the Australian
Government will provide the necessary funds for the establishment and
administration of those courts.

(2) Where, whether before or after the commencement of this Act, a State has
created a court known as a Family Court, the Governor-General may, by
Proclamation, declare that, on and after a date specified in the Proclamation,
this section applies to that court.

(3) Where, by virtue of a Proclamation under sub-section (2), this section
applies to a court, this Act has effect in relation to the institution of
proceedings on or after the date fixed by the Proclamation, and in relation to
proceedings so instituted, as if references in sections 39, 46, 94 and 96 to
the Supreme Court of a State were, in relation to the State in which the court
referred to in the Proclamation is established, references to that court, and
that court is invested with federal jurisdiction accordingly.

(4) The Governor-General shall not make a Proclamation under this section in
respect of a court unless he is satisfied that-

   (a)  arrangements have been made under which Judges will not be appointed
        to that court except with the approval of the Attorney-General of
        Australia;

   (b)  Judges appointed to that court are by reason of training, experience
        and personality, suitable persons to deal with matters of family law
        and cannot hold office beyond the age of 65 years; and

   (c)  arrangements have been made under which full use will be made by that
        court of the counselling and welfare facilities that are available to
        the Family Court of Australia.

(5) References in this Act to a court of summary jurisdiction shall not be
read as including references to a court to which this section applies. 


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