Commencing Proceedings - Jurisdiction

Question 1

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

Answer 1

Whether the court has jurisdiction to hear the application.

Question 2

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?

Answer 2

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

Question 3

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?

Answer 3

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

Question 4

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?

Answer 4

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

Question 5

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

Answer 5

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