Matrimonial Causes Acts Amendment Act of 1949 (13 Geo Vi No. 34) (Qld)

1949. MARRIAGE AND DIVORCE. Matrimonial Causes Acts Amendment Act. 231 An * [ A RE c1t S 8 E 6t R o4 V A E t D om : e1 H n9 r d4 s 6" M , " T A hi J n E e S Mc T e Y ar ' t S tar A iimn S 1 S o E 4 pn T N ai H T artl PA icC RP ua OR l C u I a LL sr , A es I s 1 . M 9 A E 4 D 9 ct . ] : s, MACA1ACA3MUT N TEGRST o NOEEI . FHDMSO 3 EMO. 1A 4 NEV9 . CIN4IAT! T. ) LS. B E it enacted by the King' s Most Excellent Majesty, by and with the advice and consent of the Legis­ lative. Assembly of Queenslandin Parliament assembled, and by the authority of the same, as follows : - 1 . This Act may be cited as " The Matrimonial Short title t" 1a C 9s a 4 u o6 s n, e " e s h A we c ri t et s hin A r m ef e e nT r dh re me d eMn to taA a tr s icmt th oo e fni P1 a r9 l i4n C 9c, a i"p u a s al e n s Adc A sth. ct a s l , l - b18e6r4ea t d o :.-.c....­ citedTahse" P T ri h n e ci M pa a l tr A im ct on a i n a d l C th au is se A s c A t c m ts, ay 18 c 6 o 4 ll t e o ct 1 i 9 v 4 e 9 ly . " be et: iotlnee. ctive tt" " t !\.._ Juris 2 d . ic S ti e o c n ti A on ct f o i f ft1y8- o6n4e" oifs her T eb h y e r M ep a e t a ri le m d o . nial Causes R i epeal o 2 f g 9 _ f J ir u s r t i 3 s p d a. i r c Sa ti eg o cr n taipo A hn ct tfh o ife f trye1- ot8fw6( 4obe" om • figs tahme T ep h n e adr M eadg a rb t a r yp im hr o ec n poe i m a a l mlin C eng a c u tm • s h e ge s 0 VA . imcs. e. nN5d2om. oe2fn92t. 8 with the words " When the time " and ending with the words " dissolvedby death " ) andby insertinginlieuofsuch repealed paragraph the following paragraph, namely : , - - " When in a suit for dissolution or nullity of marriage or of presumption of death and dissolution of marriage a decree absolute is made dissolving such marriage or declaring the same to be null and void, the respective parties to that marriage may marry again, as if that marriage had been dissolved by death, where, but not before- (i. ) Tdwaetnetoyf-othnee mdaayksinsghoafllthhaevdeecerxepeiarebdsoflruotme atnhde no appeal shall have been instituted ; or (ii . ) In the case of an appeal to the Full Court of the Supreme Court such appeal is dismissed or struck out and twenty- one days shall have expired · from the date of the judgment of such Full Court and no appeal to the High Court of Australia shall have been instituted ; or t t * 2 S 288 ee V VP . . rNNocoo. . . p22u99b. adn. dinam Go e v n e d rn in m g e A nt ct G s a . zette of 14 April, 1949, p. 1257.

232 MARRIAGE AND DIVORCE. Matrimonial Causes Acts Amendment Act. 13 GEO. VI. No. 34, 1 949. (iii. ) In the case of an appeal to the High Court of Australia, the result of such appeal is that the marriage is declared to be dissolved or null and void. " . Ran i e : dp . e . nael } wo 9 fs 1 . 3 3. i o n f 1li8e47u5. o" Sfeiscsutricoehpnreteahpleredeaelaenodfds* etc" htei T of h no e , llno M wam a in t e r g i ly m se o :- c n t i i a o l n C is au in se se s r A te c d t Appeals. " [ 3. ] Any person aggrieved by any decree, judgment, decision, or order of the court or of the judge ordinary may, within twenty- one days next after the pronouncing or making of the same, appeal against such decree, judgment, decision, or order to the Full Court in the same manner as appeals may for the time being be made from any judgment, decision, or order of a judge of the said court in its Common Law Jurisdiction. " VsR. eic1p0. e. Naolfoo. 3f193. of 1857 5. " Seicsthioenrebteynreopfea* l"ed T . he Matrimonial Cau,ses Act ccmVeoaarntrlfiaridriiainmtgyeedso. f p A a c s t si o 6n f g. 1 N 9 o 4 fo 9 tm " " as T rhr h aia e llg M ebec a e t d r le i e m berm o a n et i ed a d l oir C n a dQ u euc s l e ea s ern A esd c la t i s nndv A ab m lei e df n o, d roe m rt e bh n ee t deemed ever to have been invalid, by reason only of the fact that the marriage was celebrated after- ( i. ) The making of a decree absolute in a suit for dissolution of marriage or of presumption of death and dissolution of marriage ; or ( ii. ) The making of a decree of nullity of marriage made before the first day of September, one thousand nine hundred and forty- four, or the making of a decree absolute of nullity of marriage made on or after that date in proceedings for nullity of marriage, in which either party to the marriage was petitioner or respondent, and before the expiration of the time limited for appealing against that decree absolute (or, in the case of a decree qf nullity of marriage made before the first day of September, one thousand nine hundred and forty- four, against that decree) . * t T39hiVs . ANcto. . 13.