MAINTENANCE ACT 1965
Table of Provisions
PART I--PRELIMINARY
- 1 Short title and commencement
- 2 Repeal and saving
- 3 Definitions
PART II--MAINTENANCE ORDERS
Division 1--Jurisdiction and powers of Magistrates' Court
- 4 General jurisdiction in respect of maintenance and other orders
- 5 Means of support and matters affecting amount of orders
- 6 Court may make order against husband for support of wife
- 9 Court may order wife to support husband
- 16 Further order for payment of medical and like expenses
Division 2--Ancillary and interim orders
- 18 Orders directing payment of nominal sum only
- 20 Interim orders for payment of maintenance
Division 3--General
- 23 Orders for support may include limited provision for past maintenance
- 24 Duration of order for support of wife or husband
- 25 Recovery of arrears after cessation of order
- 26 Constructive desertion by conduct
- 27 Evidence of mother or defendant as to paternity of child
- 28 Proof of marriage
Division 4--Discharge, suspension and variation of orders
- 29 Power to court to discharge suspend or vary order
- 30 Effect of suspension of order
Division 5--Revival of orders
- 32 Power to court to revive suspended order
PART III--PROCEDURAL
- 33 Making of complaints and issue of summons
- 34 Manner of making applications
- 35 Orders may direct mode of payment
- 36 Further orders
- 37 Application of Magistrates' Court Act 1989
- 38 Power to court to proceed in absence of defendant in certain cases
- 39 Setting aside order made in the absence of the defendant
PART IV--ENFORCEMENT OF ORDERS
Division 1--Orders made in Victoria
- 40 Orders for seizure of goods, chattels, securities, rents etc.
- 41 Registration of arrears in Supreme Court or County Court
- 42 Attachment of debts
- 43 Court may commit defendant to prison
- 44 Court not to commit to prison in certain cases
- 45 Court may order mode of payment
- 45A Governor may order discharge of defaulter
- 46 Definitions
- 47 Attachment of earnings order
- 48 Employer to make payments under order
- 49 Attachment of earnings order instead of other order
- 50 Discharge of variation of order
- 51 Cessation of attachment of earnings order
- 52 Compliance with order
- 53 Where two or more orders are in force
- 54 Notice to defendant of payments made
- 55 Determination as to what payments are earnings
- 56 Service
- 57 Offence and defence
- 58 Dismissal of an employee
- 59 Reimbursement of wages and reinstatement
- 60 Application of Subdivision
- 61 Payments by Crown etc.
- 62 Provision where defendant supported wife husband or child during any period
- 63 Court may require defendant to state his employer etc.
- 64 Duties of clerk of Magistrates' Court in relation to orders
- 67 Recovery of penalties
Division 2--Reciprocal enforcement of orders
- 68 Definitions
- 69 Collectors of Maintenance
- 70 Powers and duties of Collector
- 71 Protection of Collector etc.
- 72 Enforcement of Victorian orders in other States
- 73 Enforcement of orders made in other Australian States
- 74 Collector to notify original State when defendant leaves Victoria
- 75 Application for provisional order of variation etc.
- 76 Discharge, suspension or variation of order made in absence of defendant
- 77 Law to be applied
- 78 Order of variation etc. to be provisional only
- 79 Remittance of provisional order by court of other Australian States
- 80 Confirmation of provisional orders made in other Australian States
- 81 Proceedings or enforcement
- 82 Enforcement of maintenance orders in reciprocating countries
- 83 Provisional order against person resident in reciprocating country
- 84 Cancellation of registration
- 85 Registration of overseas orders
- 86 Confirmation of provisional orders made overseas
- 87 Order enforceable in Victoria may be sent to another Australian State
- 88 Registration of overseas orders registered or confirmed in another Australian State
- 89 Transmission of documents where defendant not in Victoria
- 90 Cancellation of registration
- 91 Proceedings for enforcement
- 92 Defendant in Victoria may apply for order of variation etc.
- 93 Discharge, suspension or variation of order made in absence of defendant
- 94 Law to be applied
- 95 Certain orders to be provisional only
- 96 Remittance of provisional order by court in reciprocating country
- 97 Confirmation of provisional orders of variation etc. made in reciprocating countries
- 98 Governor in Council to declare reciprocating countries
- 99 Payments to be made to Collector
- 100 Collector to notify changes in orders enforceable outside Victoria
- 101 Collector to note changes in orders made or enforceable in Victoria
- 102 Conversion of currency
- 103 Translation of orders, records etc.
- 104 Certificate of payment of arrears
- 105 Evidentiary
- 106 Service of documents
PART V--APPEALS
PART VI--MISCELLANEOUS
