Family Law Act 1975
PROCLAMATION OF DAY RELATING TO CERTAIN MATTERS IN
COURTS OF SUMMARY JURISDICTION
I, WILLIAM PATRICK DEANE, Governor-General of the Commonwealth of
Australia, acting with the advice of the Federal Executive Council and under
subsections 39 (7) and (7A) of the Family Law Act 1975:
(a) declare that the Proclamation made on 9 December 1992 under subsection
39 (7) of that Act is revoked on and from 1 December 1996; and
(b) fix 1 December 1996 as the date on and after which matrimonial causes,
and other proceedings, referred to in subsection 39 (6) of that Act may not
be instituted in or transferred to a court of summary jurisdiction in the
Perth metropolitan region (being the region described in the Third Schedule
to the Metropolitan Region Town Planning Scheme Act 1959 of Western
Australia), other than the court located at 150 Terrace Road, Perth.
Signed and sealed with the Great Seal of Australia on 6 November 1996.
WILLIAM DEANE
Governor-General
By His Excellency’s Command,
DARYL WILLIAMS
Attorney-General and Minister for Justice
Overview
The Family Law Act 1975, enacted by the Commonwealth Parliament, was introduced to comprehensively address the complexities and challenges inherent in family law matters. It aimed to provide a unified and fair framework for resolving family disputes, encompassing issues such as divorce, child custody, and property settlements. This legislation sought to streamline the processes and ensure that outcomes are just and consistent across Australia. The Proclamation of 1996, issued under the authority of the Governor-General, William Patrick Deane, served to further refine the application of the Act by revoking the previous proclamation and restricting the jurisdiction of certain courts within the Perth metropolitan region, except for one specific court, thereby enhancing the efficiency and focus of family law proceedings in that area. The policy objective remains to facilitate timely and equitable resolutions of family law matters while adapting to the evolving needs of Australian society.
Scope and Application
The Family Law Act 1975, as amended by the legislative instrument F2005B01737, specifies the jurisdiction and scope of certain family law matters that can be heard by courts of summary jurisdiction. This proclamation applies to matrimonial causes and other proceedings defined under subsection 39(6) of the Act, and it delineates the geographical reach by limiting the regions where these causes can be instituted or transferred. Specifically, the proclamation revokes the previous declaration made on 9 December 1992, effective from 1 December 1996, and sets the same date as the point from which such causes can no longer be initiated or transferred to any court of summary jurisdiction in the Perth metropolitan region, except for the court located at 150 Terrace Road, Perth. This Act thus applies to individuals and entities involved in family law matters within the specified jurisdiction and timeframe, governing their legal proceedings concerning family-related issues in the Perth metropolitan region.
Key Provisions
The Family Law Act 1975, as referenced in this legislative instrument, specifies certain procedural changes concerning the jurisdiction of summary courts in the Perth metropolitan region. The primary sections in question are subsections 39(7) and (7A). Subsection 39(7) revokes a previous proclamation that allowed matrimonial causes and other related proceedings to be instituted in or transferred to courts of summary jurisdiction in Perth from 9 December 1992. This revocation takes effect from 1 December 1996, as declared in this legislative instrument. Subsection 39(6) further clarifies that from this date, such proceedings cannot be instituted or transferred to any court of summary jurisdiction within the Perth metropolitan region, except for the court located at 150 Terrace Road, Perth.
Under the Act, the obligations for parties and entities governed by these provisions are clear. From 1 December 1996, any matrimonial causes or related proceedings must not be initiated or transferred to any court of summary jurisdiction within the Perth metropolitan area, except for the specified court at 150 Terrace Road. This effectively limits the jurisdiction of courts in this region for these types of cases, requiring adherence to the new procedural framework established by the Act.
Failure to comply with these provisions can lead to various consequences. Although the legislative instrument does not detail specific offences or penalties, breaches of the Act's provisions could result in legal actions under the Family Law Act 1975. Such actions might include fines, injunctions, or other remedies deemed appropriate by the court. The severity of the penalties would depend on the nature and extent of the breach, as well as the specific provisions of the Family Law Act 1975 that are contravened. It is important for legal practitioners and their clients to be aware of these jurisdictional changes to ensure compliance with the law.