Family Law Amendment (Western Australia De Facto Superannuation Splitting and Bankruptcy) Act 2020 (112 of 2020)

Schedule 1   Amendment of the Family Law Act 1975

Family Law Act 1975

1   After Division 2 of Part V

Insert:

Division 2A - Jurisdiction in matters arising under Part VIIIC

39H Instituting proceedings

Instituting proceedings under this Act

(1) Proceedings in relation to matters arising under Part VIIIC may be instituted under this Act in:

(a) the Family Court of Western Australia; or

(b) the Magistrates Court of Western Australia sitting at a place outside the metropolitan region (within the meaning of the Family Court Act 1997 (WA)).

(2) Subsection (1) has effect subject to this Part.

Proceedings only to be instituted under this Act

(3) Proceedings in relation to matters arising under Part VIIIC that may be instituted under this Act must not be instituted otherwise than under this Act.

39J Jurisdiction in matters arising under Part VIIIC

(1) The following are each invested with federal jurisdiction with respect to matters arising under Part VIIIC:

(a) the Family Court of Western Australia;

(b) the Magistrates Court of Western Australia constituted by a magistrate who is not a Family Law Magistrate of Western Australia, sitting at a place outside the metropolitan region (within the meaning of the Family Court Act 1997 (WA));

(c) the Magistrates Court of Western Australia constituted by a Family Law Magistrate of Western Australia, sitting at any place in Western Australia.

(2) This section has effect subject to this Part.