Commencing Proceedings - Jurisdiction Flashcards

1
Q

What is the first thing you should consider before you file any application?

A

Whether the court has jurisdiction to hear the application.

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2
Q

Under s39(3) in relation to a decree of dissolution of marriage, at the date in which an application is filed in a court, what three (3) things determine jurisdiction for either party to a marriage?

A

1) An Australian citizen
2) Domiciled in Australia
3) Ordinarily resident in Australia and have been so for 1 year immediately preceding that date.

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3
Q

Under s39(4)(a) in relation to seeking a declaration as to the validity, dissolution or annulment of a marriage, or to institute proceedings of any ‘matrimonial cause’ what three (3) things determine jurisdiction for either party to a marriage?

A

1) An Australian citizen
2) Domiciled in Australia
3) Present in Australia at the relevant date.

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4
Q

Under s39(4)(b) in any other case, where the proceedings are not between the parties to a marriage, at the relevant date what must the parties be?

A

1) An Australian citizen
2) Domiciled in Australia
3) Present in Australia.

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5
Q

Under s69E what must apply before proceedings relating to a child,may be instituted under the FLA?

A

Under s69E what must apply before proceedings relating to a child,may be instituted under the FLA?

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