Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(1) This regulation explains what may happen on the hearing of an application under subregulation 28 (2).
(2) It is open to the respondent to raise any ground of opposition that the respondent could have raised in the original proceedings or any ground of opposition that the respondent could have raised if the proceedings leading to the making of the provisional overseas order had been heard in Australia.
(3) The statement mentioned in subparagraph 28 (1) (c) (iii) is conclusive evidence of the grounds of opposition that could have been raised in the original proceedings.
(4) A court must
not determine the application if an application could properly be made at that
time, under the Child
Support (Assessment) Act 1989 , read with the
Child Support (Registration and Collection) Act 1988 , for administrative
assessment of child support (within the meaning of the
Child Support (Assessment) Act 1989 ) by a person seeking payment of child
support for the child from the respondent.
(5) Subregulation (4) has effect whether or not an application for administrative assessment of child support for the child has in fact been made.
(6) The court may:
(a) confirm the provisional order (either with or without modification); or
(b) discharge the provisional order; or
(c) adjourn the proceedings, and remit the provisional order to the court that made it with a request that that court take further evidence and further consider its provisional order.