Victorian Consolidated Legislation

Maintenance Act 1965 - SECT 107

PART V APPEALS

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

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



(1) Except where otherwise expressly provided any person aggrieved by any
decision of a court (not being a decision to make a provisional order under
Part IV of this Act) in any proceeding under this Act may within fourteen days
after the making or refusal to make the order in question, or within such
further time as the County Court in its discretion allows (whether or not the
time for appealing has expired) appeal therefrom to the County Court.

(2) Every such appeal shall be by way of rehearing and, except as is otherwise
provided in this Part, the provisions of Division 4 of Part 4 (except section
86) of and Schedule 6 (except clauses 2, 3 and 4) to the
Magistrates' Court Act 1989 shall apply in relation to the appeal except that-

   (a)  where those provisions fix any time for doing any act or thing or
        taking any proceeding such time (whether or not it has already
        expired) may be extended by the County Court at any time, whether
        before or at the hearing of the appeal, if the circumstances in the
        opinion of that court warrant such an extension; and

   (b)  unless the County Court otherwise orders no proceedings in or during
        the pendency of an appeal shall operate as a stay of execution of a
        maintenance order.





(3) The County Court may adjourn the hearing of any appeal under this Part and
on the hearing may at its discretion quash confirm or vary the order appealed
against in whole or in part or in any particular, or at its discretion
substitute a new order in lieu of the order made by the Magistrates' Court or
may make such order in the matter as the County Court thinks just, and may by
any such order exercise any power which the Magistrates' Court might have
exercised.

(4) Any order varied substituted or made by the County Court on such an appeal
shall for the purposes of this Act be deemed to be an order made by the
Magistrates' Court and shall have the same effect and be capable of being
discharged suspended varied revived and enforced in the same manner and to the
same extent as such an order.

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