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COMMONWEALTHAct
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s 42

Law to be applied

In force
Volume 1s 1-90
Part VJurisdiction of courts
Division 3Other provisions

42 Law to be applied

(1)

The jurisdiction conferred on a court, or with which a court is invested, by this Act shall be exercised in accordance with this Act and the applicable Rules of Court.

(2)

Where it would be in accordance with the common law rules of private international law to apply the laws of any country or place (including a State or Territory), the court shall, subject to the provisions of the Marriage Act 1961, apply the laws of that country or place.

Note:

Subdivision D of Division 4 of Part XIIIAA (Applicable law) may affect the law to be applied by a court.

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