Commonwealth Consolidated Regulations

FAMILY LAW REGULATIONS 1984 - REG 28

         (1)    This regulation applies if:

                (a)    a maintenance order has been made in a reciprocating jurisdiction; and

               (b)    the order has no effect under the law of that jurisdiction unless and until it is confirmed by a court outside that jurisdiction; and

                (c)    the Secretary has received:

                          (i)    a certified copy of the order; and

                         (ii)    a copy of the depositions of the witnesses in the proceedings in which the order was made; and

                         (iii)    a statement of the grounds on which the order could have been opposed if the person against whom the order was sought (the respondent ) had appeared at the hearing; and

               (d)    there are reasonable grounds for believing that:

                          (i)    the respondent is ordinarily resident in, is present in, or is proceeding to, Australia; and

                         (ii)    the order will have effect under the law of the overseas jurisdiction if it is confirmed by a court having jurisdiction under the Act.

         (2)   The Secretary must make an application calling upon the respondent to show cause why that order should not be confirmed.

Note    For application , see subregulation 3 (1).

         (3)   The Secretary must serve a copy of the application on the respondent.

Note    Service is dealt with by the applicable Rules of Court.