New South Wales Consolidated Acts

PROPERTY (RELATIONSHIPS) ACT 1984 - SECT 35

35 Variation etc of orders for periodic maintenance

(1) On an application by a party to a domestic relationship in respect of whom an order has been made under this Part for periodic maintenance, a court may:

(a) subject to subsection (2), discharge the order,

(b) suspend the operation of the order wholly or in part and either until further order or until a fixed time or the happening of some future event,

(c) revive wholly or in part the operation of an order suspended under paragraph (b), or

(d) subject to subsection (2), vary the order so as to increase or decrease any amount directed to be paid by the order or in any other manner.

(2) A court shall not make an order discharging, increasing or decreasing an amount directed to be paid by an order unless it is satisfied that, since the order was made, or last varied:

(a) the circumstances of the party to the relationship in whose favour the order was made have so changed,

(b) the circumstances of the party to the relationship against whom the order was made have so changed, or

(c) the cost of living has changed to such an extent,

as to justify its so doing.

(3) In satisfying itself for the purposes of subsection (2) (c), a court shall have regard to any changes that, during the relevant period, have occurred:

(a) except as provided by paragraph (b), in the Consumer Price Index (All Groups Index) issued by the Australian Statistician, or

(b) where a group of numbers or of amounts, other than those set out in the Index referred to in paragraph (a) (being a group of numbers or of amounts which relate to the price of goods and services, and which is issued by the Australian Statistician) is prescribed for the purposes of this paragraph-in the group of numbers or of amounts so prescribed.

(4) A court shall not, in considering the variation of an order, have regard to a change in the cost of living unless at least 12 months have elapsed since the order was made, or last varied having regard to a change in the cost of living.

(5) An order decreasing the amount of a periodic sum payable under an order may be expressed to be retrospective to such date as the court thinks fit.

(6) For the purposes of this section, a court shall have regard to the provisions of sections 26 and 27.