Matrimonial Causes (Amendment) Act 1929 (NSW)

MATRDIOXIAL CAUSES

(AMENDMENT) ACT.

Act No. 5, 1029.

An Act to amend the Matrimonial Causes Act,

Act , 1929."

1899; and for purposes connected there-

with. [Assented to, 26th March, 192!)."

\y\'l	it enacted liy tin- Kind's Most I'Xcollent M;i ]< -M y,
A )	\>y and with the advice and consent of tin- Legis-

lative Council and. I jeyisfa ive AssemUv ol Xcw~ S• • u111

Wales in Pa r l i amen t assembled, and l>y the authori ty	of
the saiiK1. as follows :—

1 . This Act shall lie construed with the Matrimonial
Causes Act, 1S99, herein called the Principal Act. and
mav be cited as the " Matrimonial Causes (Amendment)

2 .     (1) The Principal Act is amended—

(a) by omitting section ninety-one and substitut­ ing therefor the following section :—

91. (1) The judges of the Supreme Court,

or any three of them, may make general rides—

(a) for regulating the pleading, practice, and procedure of the court, and may by such rules amend, vary, or dispense with any provisions of this Act regulating such pleading, practice, or procedure ;

(1)) for fixing the amount of all fees and allowances to officers of the court and solicitors in respect of proceedings under

this	Ac t ;
(c)	for enabling persons to sue in the court in forma pauperis, and for regulating the exercise by the registrar of the jurisdiction and powers conferred upon or delegated to the registrar under this Act, and the right of appeal from the registrar ;
(d)	generally as to all matters necessary or expedient for giving effect to the pro­ visions of this Act.

( 2 ) The judges of the Supreme Court or

any three of them may by rules of court made in that behalf delegate to the registrar power to do such things and transact such business and to exercise any such authority and jurisdiction as is now done, transacted, or

exercised by the court except in respect of	the hearing of suits or in respect of matters
relating to the liberty of the subject:
Provided that the registrar may in case of doubt or difficulty refer any matter to the cour t :
Provided also that the court may direct any matter in which an order has been made by the registrar to be re-argued before the court upon giving a direction to that effect within the prescribed time after such order has been made by the registrar.

( 3 )

( 3 ) In this section " registrar " includes

a deputy-registrar.
(4) A copy of every such rule shall he laid before both Houses of Parliament within fourteen sitting days if Parliament is in session, or if not then within fourteen sitting days of the commencement of the next session.

If either House passes a resolution of which notice has been given within fifteen sitting days after any rule has been laid before such House disallowing any rule or part thereof, the rule or part shall cease to have effect.

(b) by omitting section forty-seven and by insert­ ing the following section:—

47. (1) The court may make any order as to the costs of any proceedings under this Act which it deems just, and except in the case of proceedings on appeal may order payment of costs as between solicitor and client.

(2) The court may by consent of all parties appearing at the hearing before the court assess the costs of any proceedings, and in the case of interlocutory proceedings may do so without the consent of the parties, and the costs so assessed shall be recoverable from the person ordered to pay the same in the same manner as if they bad been duly taxed and certified by the taxing officer.

(c) (i) by inserting at the end of section ninety-

four the following paragraph :—•

(h) to exercise the powers and jurisdiction

delegated to him under this Act.

(ii)  by inserting at the end of the same section the following new subsection :—

(2) I n this section " registrar " includes

deputy-registrar.

(d) by inserting at the end of section eighty-three the words " or a deputy registrar."

(2) Any rule in force at the commencement of this Act shall continue in force until repealed by rules made under the power conferred by the amendment inserted in the Principal Act by subsection one of this section.

3 . The Principal Act is further amended by inserting

after section ninety the following section :—

90A. (1) Where the court has made an order for the payment of any monthly or weekly sum by a husband or father in respect of alimony or the maintenance of his wife or child, and any sum due under the order is unpaid, any justice, upon com­ plaint on oath being made by the wife or by any reputable person on behalf of the wife or child that the wife or child is unable through lack of means to have the order enforced by attachment, may—

(a)	issue bis summons requiring the husband or father to appear before two justices to show cause why he should not pay such sum; or
(b)

issue his warrant for the apprehension of (2) The complaint shall be dealt with in

like manner as a complaint under the Deserted Wives and Children Act, 1901, and the provisions of sections live and six of that Act, and of section ninety-seven of the Child Welfare Act, 192:5, shall apply accordingly.

(3) Upon the hearing the justices shall inquire into the complaint, and if they are satisfied that any sum due under the order is unpaid and that the wife or child is unable through lack of means to have the order enforced by attachment, they may order the defendant to pay to such person as they may think fit the sum unpaid,

may deem proper, and in default of payment may	together with such further sum for costs as they
order that the defendant be committed to gaol, there to remain for any period not exceeding twelve months, or until sooner payment or until compliance with any order made by the justices under this section.

( 4 ) The justices may in and by an order

made under this section do all or any of the things that justices may do under section eighty-three of the -Justices Act, 1902, and that section and section eighty-four of that Act shall apply according by.

( r j )

(5) For the purposes of this section a certi­ ficate of the registrar or deputy-registrar in divorce that any sum which was to be paid into court has not been so paid shall he prima facie evidence of such fact.

( 0 ) Where any order is made under the pro­

visions of this section the justices making the order shall notify the registrar in the prescribed manner.

(7) The court may on application made in the prescribed manner amend, set aside, or vary any order made by justices under this section.

(8) In this section " husband " and " wife " include persons against whom or in whose favour the court has made an order for payment in respect of alimony or maintenance, notwithstanding that at the time of any proceedings under this section the marriage of such persons has been dissolved, and "just ice " means a justice of the peace.

4.    The Principal Act is further amended—

(a)	by omitting from subsection one of section seventy-three the word "for ty-eight" and by inserting in lieu thereof the word " twelve " ; and bv omitting from subsection two of the same section the word " s i x " and by inserting in lieu thereof the word " two " ;
(b)	by omitting from subsection three of section seventy-four the word " t w e l v e " and by inserting in lieu thereof the word " four" ; also by omitting the word " six " and by insert­

ing in lieu thereof the word " two " ;
(c)	by omitting from subsection one of section seventy-five the word " six " and by inserting in lieu thereof the word " t w o " ; and by omitting from subsection five of the same section the word " twelve " and by inserting in lieu thereof the word " four " ;

D R I E D