Commonwealth Consolidated Regulations

FAMILY LAW REGULATIONS 1984 - REG 39

         (1)    This regulation applies if the Secretary receives:

                (a)    a certified copy of a provisional order made by a court in a reciprocating jurisdiction varying, discharging, suspending or reviving a maintenance order:

                          (i)    made in Australia and enforceable in that jurisdiction; or

                         (ii)    made in that jurisdiction and enforceable in Australia; and

               (b)    a copy of the depositions of the witnesses who gave evidence at the hearing of the application upon which the provisional order was made.

         (2)   The Secretary must apply to a court for an order confirming the provisional order.

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

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

         (4)    The court may:

                (a)    confirm the provisional order (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 the court take further evidence and further consider its provisional order.

         (5)   A provisional order that is confirmed under this regulation (whether with or without modification) has effect in Australia as if it were an order made by a court having jurisdiction under the Act.

         (6)    In this regulation, a reference to a provisional order includes a reference to a provisional variation of:

                (a)    an Australian maintenance agreement; or

               (b)    an overseas maintenance agreement.