Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations (1) If a court
is satisfied that a respondent to an application for
a maintenance order is
resident in, or on the way to, a reciprocating jurisdiction, the court may
make an order in the absence of the respondent.
(2) Subregulation (1) applies even if the respondent has not been served with the application and has not consented to the order.
(3) The court can make any order that it could have made under subregulation (1) if the application had been served on the respondent and the respondent had failed to appear at the hearing of the application.
(4) A court must
not make an order under subregulation (1) 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) An order under subregulation (1) is:
(a) provisional; and
(b) of no effect:
(i) unless it is expressed to be provisional; and
(ii) unless and until confirmed (either with or without modification) by a competent court in a reciprocating jurisdiction or a jurisdiction with restricted reciprocity in which the respondent is resident at the time of confirmation.