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FEDERAL MAGISTRATES ACT 1999 - SECT 19

Proceedings not to be instituted in the Federal Magistrates Court if an associated matter is before the Federal Court or the Family Court

             (1)  Proceedings must not be instituted in the Federal Magistrates Court in respect of a particular matter if proceedings in respect of an associated matter are pending in the Family Court or the Federal Court.

             (2)  Subsection (1) does not apply to:

                     (a)  proceedings for a decree of dissolution of marriage; or

                     (b)  proceedings instituted in the Federal Magistrates Court under:

                              (i)  Division 13A of Part VII of the Family Law Act 1975 ; or

                             (ii)  Part XIII or XIIIA of that Act.

             (3)  If:

                     (a)  proceedings are instituted in the Federal Magistrates Court in contravention of subsection (1); and

                     (b)  the proceedings are subsequently transferred to the Federal Court or the Family Court;

the proceedings are taken to be as valid as they would have been if subsection (1) had not been enacted.



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