Victorian Consolidated Legislation

MAINTENANCE ACT 1965

No. 7289 of 1965
Version incorporating amendments as at 21 December 2007

TABLE OF PROVISIONS

           Section Page

   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
           Subdivision 1-General

   4.      General jurisdiction in respect of maintenance and other orders
   5.      Means of support and matters affecting amount of orders
           Subdivision 2-Orders against husbands for maintenance of wives
           and against parents for maintenance of children
   6.      Court may make order against husband for support of wife
           7, 8. Repealed
           Subdivision 3-Orders against wives for maintenance of husbands
   9.      Court may order wife to support husband
           Subdivision 4-Orders against unmarried fathers or mothers for maintenance of children
           10, 11. Repealed
           Subdivision 5-Orders against putative fathers for preliminary expenses and for maintenance of unborn children
           12, 13. Repealed
           Subdivision 6-Orders for funeral expenses
           14, 15. Repealed
           Subdivision 7-Orders for medical and like expenses
   16.     Further order for payment of medical and like expenses

           Division 2-Ancillary and interim orders
           Subdivision 1-Orders for custody of children, &c.

   17.     Repealed
           Subdivision 2-Nominal orders
   18.     Orders directing payment of nominal sum only
           Subdivision 3-Preliminary and interim maintenance orders
   19.     Repealed
   20.     Interim orders for payment of maintenance

           Division 3-General
           Subdivision 1-Commencement and duration of orders

           21, 22. Repealed
   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
           Subdivision 2-Evidentiary
   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
   31.     Repealed

           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
           Subdivision 1-Orders for sale of goods, &c.

   40.     Orders for seizure of goods, chattels, securities, rents etc.
           Subdivision 2-Registration of certificate of arrears
   41.     Registration of arrears in Supreme Court or County Court
           Subdivision 3-Attachment of debts
   42.     Attachment of debts
           Subdivision 4-Imprisonment on proof of disobedience
   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
           Subdivision 5-Attachment of earnings
   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.
           Subdivision 6-General
   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
           65, 66. Repealed
   67.     Recovery of penalties

           Division 2-Reciprocal enforcement of orders
           Subdivision 1-Interpretation and administration

   68.     Definitions
   69.     Collectors of Maintenance
   70.     Powers and duties of Collector
   71.     Protection of Collector etc.
           Subdivision 2-Interstate maintenance
   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
           Variation &c. of Orders
   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
           Subdivision 3-Overseas maintenance
   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
           Variation, &c., of Orders
   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
           Subdivision 4-General
   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

   107.    Notice of appeal and application of appeal provisions of the Magistrates' Court Act 1989.

   PART VI-MISCELLANEOUS

   108.    Application of Magistrates' Court Act 1989.
   109.    Evidence of earnings
   110.    Payments under orders
   111.    Repealed
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           ENDNOTES
           1. General Information
           2. Table of Amendments
           3. Explanatory Details