Federal Register of Legislation - Australian Government

Primary content

Proclamations/Other as made
This instrument is a Proclamation to prevent matters under the Family Law Act 1975 being initiated in or transferred to four courts in the Sydney CBD that lack family law expertise.
Administered by: Attorney-General's
Exempt from sunsetting by the Legislation (Exemptions and Other Matters) Regulation 2015 s12 item 28
Registered 13 Apr 2007
Tabling HistoryDate
Tabled HR08-May-2007
Tabled Senate09-May-2007

EXPLANATORY STATEMENT

 

Issued by the Authority of the Attorney‑General

 

Family Law Act 1975

 

Summary Courts Jurisdiction (Matrimonial Causes and Children) Proclamation 2007

 

Subsection 39(7) of the Family Law Act 1975 (the Act) provides that the Governor‑General may fix a date by Proclamation on and after which proceedings in relation to matters arising under Part V (matrimonial causes) may not be instituted in, or transferred to, a court of summary jurisdiction in a specified State or Territory.  Paragraph 39(7AAA)(b) of the Act provides that a Proclamation under subsection 39(7) may be expressed to apply to the institution of proceedings in, or the transfer of proceedings to, a court of summary jurisdiction in a specified part of a State or Territory.

 

Subsection 69J(3) of the Act provides that the Governor-General may fix a date by Proclamation on and after which proceedings in relation to matters arising under Part VII (children) may not be instituted in, or transferred to, a court of summary jurisdiction in a specified State or Territory.  Paragraph 69J(4)(b) of the Act provides that a Proclamation under subsection 69J(3) may be expressed to apply to the institution of proceedings in, or the transfer of proceedings to, a court of summary jurisdiction in a specified part of a State or Territory.

 

The Proclamation states that, on and after 23 April 2007, proceedings under Part V (matrimonial causes) and Part VII (children) of the Act may not be instituted in, or transferred to, the Downing Centre Local Court, the Central Local Court Sydney, the Local Court North Sydney and the Local Court Newtown, all located in New South Wales.

The NSW Government relocated the St James Local Court Sydney to the Children’s Court complex in Parramatta on 13 November 2006.  The St James Court had provided specialist family law services pursuant to an agreement between the Commonwealth and NSW under the Act.  The NSW Attorney General subsequently requested a Proclamation be made to prevent family law proceedings that would previously have been dealt with in the St James Court being lodged in, or transferred to, nearby Local Courts that lack specialist family law expertise.  The presence of the Family Court of Australia and the Federal Magistrates Court in the Sydney CBD presents an alternative to matters being instituted in or transferred to the Local Courts.

 

The Proclamation is a legislative instrument for the purposes of the Legislative Instruments Act 2003 and commences on 23 April 2007.

 

The Office of Best Practice Regulation was consulted about this legislative instrument and advised that a Regulation Impact Statement was not mandatory as it did not have a direct or significant indirect impact on business.  The Family Court of Australia and the Federal Magistrates Court were consulted and did not oppose this legislative instrument.