Family Law Act 1975
PROCLAMATION OF DAY RELATING TO PROCEEDINGS 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 69J (3) and (6) of the Family Law Act 1975:
(a) revoke the Proclamation made on 9 June 1993 under subsection 63 (3) of
that Act (as continued in force by Schedule 2 to the Family Law Reform
Act 1995) on and from 1 December 1996; and
(b) fix 1 December 1996 as the date on and after which proceedings in relation
to matters arising under Part VII of the Family Law Act 1975, other than in
connection with proceedings referred to in section 68T 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 Parliament of Australia, was introduced to provide a comprehensive legal framework governing family law matters in Australia. This includes provisions for the dissolution of marriages, parenting arrangements, and financial agreements. The Act was intended to create a unified and equitable approach to family law, replacing the previous patchwork of state and territory laws. The Proclamation of Day Relating to Proceedings in Courts of Summary Jurisdiction is a legislative instrument that amends the Family Law Act 1975 by revoking a previous proclamation and setting a new date from which proceedings in relation to certain family law matters can no longer be instituted or transferred to a court of summary jurisdiction in the Perth Metropolitan region. The policy objective is to streamline family law proceedings and ensure they are handled in the appropriate courts.
Scope and Application
The Family Law Act 1975 applies to individuals and entities involved in family law matters in Australia, encompassing various proceedings related to the dissolution of marriages, parenting arrangements, and financial agreements. The Act's jurisdiction extends across the Commonwealth, with each state and territory exercising its own family law courts. However, the proclamation specifically restricts the commencement of proceedings in the Perth Metropolitan region to courts other than those of summary jurisdiction, effective from 1 December 1996. This limitation excludes proceedings related to section 68T of the Act, which may still be instituted in courts of summary jurisdiction. The geographic reach of the proclamation is confined to the Perth Metropolitan region as defined under the Metropolitan Region Town Planning Scheme Act 1959 of Western Australia. Notably, the proclamation revokes a previous proclamation made on 9 June 1993, thereby altering the procedural landscape for family law matters in this region. The proclamation's impact is realised through the subordinate instrument, which delineates specific procedural changes and their effective dates.
Key Provisions
The Family Law Act 1975, as amended by the proclamation issued on 6 November 1996, modifies the jurisdiction of courts in relation to family law matters. Specifically, section 69J(3) and (6) revokes a previous proclamation made on 9 June 1993 and sets forth new provisions concerning the courts that can hear family law matters. The proclamation revokes the authority of courts of summary jurisdiction in the Perth Metropolitan region to hear family law proceedings, except for those related to section 68T, effective from 1 December 1996. This means that family law matters that fall under Part VII of the Act, such as those concerning the care and protection of children and property settlements, cannot be instituted in or transferred to any court of summary jurisdiction in the Perth Metropolitan region, with the exception of the court located at 150 Terrace Road, Perth.
The Act imposes specific obligations on parties and entities involved in family law proceedings. It mandates that all family law matters, except those explicitly referred to in section 68T, must be heard by courts other than those of summary jurisdiction in the Perth Metropolitan region, starting from 1 December 1996. This includes ensuring that legal practitioners and clients are aware of the jurisdictional restrictions and that any proceedings commenced in a prohibited court must be transferred to an appropriate court. Additionally, it places a responsibility on the relevant authorities to enforce the new jurisdictional boundaries to maintain the integrity of the family law system.
Breach of the jurisdictional provisions set out in the proclamation could have legal consequences, though the specific penalties for such breaches are not detailed in the text. Generally, under the Family Law Act 1975, parties who fail to comply with the jurisdictional requirements may face penalties, including fines or other sanctions. In more severe cases, continued disregard for the Act's provisions could result in legal action to enforce compliance or rectify the improper proceedings. The exact penalties for non-compliance are not specified in the text but could include civil or administrative actions as well as potential criminal penalties depending on the nature and severity of the breach.