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MAINTENANCE ACT 1965 - SECT 88 Registration of overseas orders registered or confirmed in another Australian State

MAINTENANCE ACT 1965 - SECT 88

Registration of overseas orders registered or confirmed in another Australian State

88 Registration of overseas orders registered or confirmed in another Australian State

(1) Where—
(a) the collector receives from the collector for another Australian State
(i) 3 certified copies of an overseas order; and
(ii) a collector’s certificate signed by the collector for that Australian State relating to the order; and
(iii) a request in writing that the order be made enforceable in Queensland; and
(b) it appears from the collector’s certificate that—
(i) the order has been registered in, or confirmed by, a court in that Australian State under a law of that Australian State corresponding with this division; and
(ii) the order was, at the date of the certificate, presently enforceable in that Australian State in accordance with that law;
the collector shall, if it appears to the collector that there are reasonable grounds for believing that the defendant is resident in, or proceeding to, Queensland, send the documents to the clerk of such court in Queensland as the collector deems appropriate, with a request that the order be registered in that court.
(2) Where a request is so made, the clerk of the court shall (whether or not the order is of such a kind as could be made under part 2 ) register the order by filing in the court a certified copy of the order and the collector’s certificate and noting the fact and date of the registration on that certified copy, and shall forthwith notify the collector of the fact of the registration.
(3) An overseas order so registered is, until the registration is cancelled, enforceable in Queensland, both as regards any arrears payable under the order and as regards amounts becoming due under the order after it is so registered.
(4) Upon registration of the overseas order
(a) the collector shall notify the officer of the court or other authority in the reciprocating country accordingly; and
(b) the clerk of the court in which the order is registered shall cause a certified copy of the order to be served upon the defendant, together with a notice of the registration of the order in Queensland
(i) specifying the amount (if any) of the arrears due under the order; and
(ii) stating that payments under the order are to be made to the clerk of the court for the place where the order is so registered; and
(iii) giving an address at which such payments may be made; and
(c) all moneys due or becoming due under the order are payable to the clerk of the court for the place where the order is so registered.