Chris Bowen (Prospect, Australian Labor Party) Share this | Hansard source

My contribution will be in a similar vein to that of the honourable member for Cook. I know the honourable member for Gellibrand wishes to contribute but there is a debate going on in the main chamber, where she has been detained. I understand there will be a division shortly. Until that occurs, she is detained in the main chamber.

The Judiciary Legislation Amendment Bill 2006 has two main purposes. The first is to give effect to the purported orders made by non-judicial officers of state courts of summary jurisdiction contrary to paragraph 39(2)(d) of the Judiciary Act 1903 by providing that the rights and liabilities of all persons are the same as if each such order had been an order made by the court in the exercise of federal jurisdiction. The effect of paragraph 39(2)(d) is that registrars and other non-judicial officers of state courts of summary jurisdiction do not have the jurisdiction to make certain orders in federal matters such as default orders. A corresponding provision, section 68(3) of the Judiciary Act, provides for similar restrictions in relation to the exercise of federal jurisdiction in criminal cases. In response to the evidence that a large number of family law consent orders were made contrary to paragraph 39(2)(d), the government added part XIVB to the Family Law Act.

A division having been called in the House of Representatives—

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