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COMMONWEALTHAct
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s 58

Rescission of divorce order on ground of miscarriage of justice

In force
Volume 1s 1-90
Part VIDivorce and nullity of marriage

58 Rescission of divorce order on ground of miscarriage of justice

If a divorce order has been made in proceedings but has not taken effect, the court by which the divorce order was made may, on the application of a party to the proceedings, or on the intervention of the Attorney‑General, if it is satisfied that there has been a miscarriage of justice by reason of fraud, perjury, suppression of evidence or any other circumstance, rescind the divorce order and, if it thinks fit, order that the proceedings be re‑heard.

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