Section 39H — Family Law Act 1975 (Cth)

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.

Related sections

• s 39E — Revoking Proclamations ceasing jurisdiction of State or Territory courts
• s 39F — Territory court does not have jurisdiction unless a party is ordinarily resident in the Territory
• s 39G — Jurisdiction in relation to transferred matters under other Commonwealth laws
• s 39J — Jurisdiction in matters arising under Part VIIIC
• s 40 — Limitations on jurisdiction of Federal Circuit and Family Court of Australia (Division 2) and of State and Territory Supreme Courts
• s 41 — Establishment of State Family Courts

Research how courts apply s 39H

BriefBridge searches Australian caselaw by meaning — every answer cited to the paragraph.