Jurisdiction of Courts (Foreign Land) Bill 1988
Family Provision (Foreign Land) Amendment Bill 1988

JURISDICTION OF COURTS (FOREIGN LAND) BILL 1988

NEW SOUTH WALES

[STATE AIMS]

A BILL FOR

An Act to remove the limitation on the jurisdiction of the courts of the State with respect to land situated outside the State.

The Legislature of New South Wales enacts:

Short title

1. This Act may be cited as the Jurisdiction of Courts (Foreign Land) Act 1988.

Jurisdiction with respect to foreign land (the Mozambique rule abolished).

2 The jurisdiction of any court is not excluded or limited merely because the proceedings relate to or may otherwise concern land or movable property situated outside New South Wales.

Court may decline jurisdiction with respect to foreign land

3. A court is not required to exercise jurisdiction conferred by this Act if the court considers that it is not the appropriate court to hear the proceedings.

Application of Act

4. This Act applies whether the cause of action concerned arose before, or arises after, the commencement of this Act.

FAMILY PROVISION (FOREIGN LAND)

AMENDMENT BILL 1988

NEW SOUTH WALES

[STATE AIMS]

A BILL FOR

An act to amend the Family Provision Act 1982 with respect to the application of that Act to land situated outside New South Wales.

The legislature of New South Wales enacts:

Short title

1. This Act may be cited as the Family Provision (Foreign Land) Amendment Act 1988.

Amendment of Act No. 160, 1982, s11 (Orders for provision)

The Family provision Act 1982 is amended---

(a) by inserting ins section 11(1)(b) before the words “New South Wales” the words “or outside”,
(b) by omitting section 11(2).