Matrimonial Causes Act 1971 (Cth)

MATRIMONIAL CAUSES ACT 1971
- Reprinted as at 28 February 1990 (#DATE 28:02:1990)

*1*The Matrimonial Causes Act 1971 as shown in this reprint comprises Act No. 102, 1971 amended as indicated in the Tables below.

Table of Acts
Act
Number Date Date of Application,
and year of Assent commencement saving or
transitional
provisions
Matrimonial Causes Act 1971
102, 1971 17 Nov 1971 17 Nov 1971
Statute Law Revision Act 1973
216, 1973 19 Dec 1973 31 Dec 1973 Ss. 9 (1) and 10 ______________________________________________________________________________ __ Table of Amendments
ad.=added or inserted am.=amended rep.=repealed rs.=repealed and substituted
Provision affected
How affected
S. 5
am. No. 216, 1973

MATRIMONIAL CAUSES ACT 1971 - TABLE OF PROVISIONS 
TABLE

                              TABLE OF PROVISIONS

Section

     1. Short title

     2. Commencement

     3. Interpretation

     4. Incorporation

     5. Effect of certain purported decrees

MATRIMONIAL CAUSES ACT 1971 - LONG TITLE 
SECT

An Act relating to certain Purported Decrees under the Matrimonial Causes Act

             1959*2* or under that Act as amended

*2*Title and s. 3-The Matrimonial Causes Act 1959 was repealed by the Family
Law Act 1975 (No. 53, 1975).

MATRIMONIAL CAUSES ACT 1971 - SECT 1 
Short title 
SECT

  1. This Act may be cited as the Matrimonial Causes Act 1971.*1*
SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER .

MATRIMONIAL CAUSES ACT 1971 - SECT 2 
Commencement 
SECT

  2. This Act shall come into operation on the day on which it receives the
Royal Assent.*1*
SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER .

MATRIMONIAL CAUSES ACT 1971 - SECT 3 
Interpretation 
SECT

  3. In this Act, 'the Matrimonial Causes Act' means the Matrimonial Causes
Act 1959*2* and includes that Act as amended.
*2*Title and s. 3-The Matrimonial Causes Act 1959 was repealed by the Family
Law Act 1975 (No. 53, 1975).

MATRIMONIAL CAUSES ACT 1971 - SECT 4 
Incorporation 
SECT

  4. This Act is incorporated, and shall be read as one, with the Matrimonial
Causes Act.

MATRIMONIAL CAUSES ACT 1971 - SECT 5 
Effect of certain purported decrees 
SECT

  5.(1) Subject to the next succeeding subsection, this section has effect in
any case in which, before the commencement of this Act:

   (a) an officer of the Supreme Court of a State; or

   (b) a commissioner within the meaning of section 53 of the Supreme Court

Act, 1935 of the State of South Australia or of that Act as amended;

purported to make a decree (in this Act referred to as 'the purported
decree'):

   (c) in a matrimonial cause within the meaning of the Matrimonial Causes
Act;

   (d) under the Third Schedule to that Act;

   (e) under provisions made by the rules as mentioned in section 107 of that

Act;

   (f) under section 108 of that Act; or

   (g) in any other proceedings under that Act.

  (2) This section does not have effect in a case in which, after the making
of the purported decree but before the commencement of this Act:

   (a) where the purported decree was made by an officer referred to in

paragraph (a) of the last preceding subsection-the Supreme Court of which the
officer concerned was an officer has, whether upon an appeal or otherwise,
made a decree setting aside, or in substitution for, the purported decree; or

   (b) where the purported decree was made by a commissioner referred to in

paragraph (b) of that subsection-the Supreme Court of South Australia has,
whether upon an appeal or otherwise, made a decree setting aside, or in
substitution for, the purported decree.

  (3) The rights, liabilities, obligations and status of all persons are, by
force of this Act, declared to be, and always to have been, the same as if:

   (a) in the case of a purported decree made by an officer of the Supreme

Court of a State other than a purported decree to which the next succeeding
paragraph applies-the purported decree had been made by the Supreme Court of
that State constituted by a single Judge;

   (b) in the case of a purported decree made by an officer of a Supreme
Court

of a State, being a decree that was varied on appeal by the Supreme Court of
that State constituted by a single Judge-the purported decree as so varied had
been made by the Supreme Court of that State as so constituted; and

   (c) in the case of a purported decree made by a commissioner referred to
in

paragraph (b) of subsection (1) of this section-the purported decree had been
made by the Supreme Court of South Australia constituted by a single Judge.

  (4) All proceedings, matters, decrees, acts and things taken, made or done,
or purporting to have been taken, made or done, under the Matrimonial Causes
Act or any other law (whether of the Commonwealth or of a State or Territory)
in relation to a party to the proceedings in which the purported decree was
made are, by force of this Act, declared to have the same force and effect
after the commencement of this Act, and to have had the same force and effect
before the commencement of this Act, as they would have, or would have had, if
the purported decree had been made as mentioned in the last preceding
subsection.

  (5) The Matrimonial Causes Act and the rules in force under that Act have
effect as if:

   (a) a document embodying the purported decree were a document embodying a

decree; and

   (b) a copy of a document embodying the purported decree were a copy of a

document embodying a decree.