Victorian Consolidated Legislation

Maintenance Act 1965 - SECT 29

Power to court to discharge suspend or vary order

29. Power to court to discharge suspend or vary order



(1) Upon application made by or on behalf of a party to an order (including an
order as varied) made or deemed to have been made under this Part a court may,
subject to this Division, at any time make an order discharging the order,
suspending the order in whole or in part until a specified day or until
further order, or varying the order in any specified particular.

(2) An application under the last preceding subsection shall be heard by the
court at the venue where the order the subject of the application was made
unless-

   (a)  the parties to the application consent to the hearing of the
        application by the Court sitting at another venue; or



   (b)  the hearing of the application is adjourned, upon the application of
        either party to the Court sitting at another venue.



(3) An order shall not be discharged suspended or varied under this Division
unless the court is satisfied-

   (a)  that the order or, if the order has been varied, the original order or
        any order varying the original order was obtained by fraud or upon the
        basis of the existence of a marriage that did not in fact exist;

   (b)  that new facts or circumstances have arisen that have not previously
        been disclosed to a court and that by reason of those facts or
        circumstances it is reasonable to discharge, vary or suspend the
        order; or

   (c)  that facts or circumstances were in existence at the time of the
        making of the order or, if the order has been varied, the original
        order or any order varying the original order, that have not
        previously been disclosed to a court and that were not and could not
        by the exercise of reasonable diligence have previously been known to
        the party presently seeking the discharge suspension or variation of
        the order, and that by reason of those facts or circumstances it is
        reasonable to discharge, vary or suspend the order.

(4) An order in force under this Part may be discharged or varied from any
past or future day or may be suspended from any past or future day or in
respect of any past or future period.

(5) An order that has ceased to have effect may be discharged or varied from
any past day or may be suspended from any past day or in respect of any past
period.

(6) The fact that the defendant is in default in complying with an order shall
not preclude the discharge suspension or variation of that order.