Western Australian Current Acts

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FAMILY COURT ACT 1997 - SECT 46

46 .         Orders on transfer or staying proceedings

        (1)         Subject to subsection (2), before transferring or staying proceedings under this Division a court may adjourn the proceedings and may make such orders pending the disposal of the proceedings as it considers necessary including orders directing —

            (a)         the parties to attend a conference with a family counsellor or family dispute resolution practitioner to discuss matters affecting the welfare of any child affected by the proceedings and to resolve the difference (if any) between the parties; and

            (b)         that a report in accordance with section 73 be obtained from a family consultant; and

            (c)         the payment of child bearing expenses, or, if it is not practicable to so direct, the payment of such periodic or other sums as the court thinks desirable; and

            (d)         that a party attend a conciliation conference with the Principal Registrar, a registrar or a deputy registrar.

        (2)         In addition to the orders referred to in subsection (1), the Magistrates Court, if constituted by a family law magistrate, may —

            (a)         make such interim orders under Part 5A Division 2; or

            (b)         make such interim orders, or grant such injunctions, under section 235A,

                as it considers necessary.

        [Section 46 amended: No. 25 of 2002 s. 36; No. 59 of 2004 s. 95; No. 35 of 2006 s. 114.]



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