Commonwealth Numbered Acts

Family Law Amendment Act 1983 No. 72 of 1983 - SECT 39

39. Section 83 of the Principal Act is amended-

   (a)  by omitting sub-paragraph (2) (a) (iii) and substituting the following
        sub-paragraph:

''(iii) in the case of an order that operates in favour of, or is binding on,
a legal personal representative-the circumstances of the estate are such,'';
and

   (b)  by inserting after sub-section (6) the following sub-sections:

''(6A) Where, as provided by sub-section (6), an order decreasing the amount
of a periodic sum payable under an order is expressed to be retrospective to a
specified date, any moneys paid under the second-mentioned order since the
specified date, being moneys that would not have been required to be paid
under the second-mentioned order as varied by the first-mentioned order, may
be recovered in a court having jurisdiction under this Act.

''(6B) Where, as provided by sub-section (6), an order discharging an order is
expressed to be retrospective to a specified date, any moneys paid under the
second-mentioned order since the specified date may be recovered in a court
having jurisdiction under this Act.''.