Victorian Consolidated Legislation

Maintenance Act 1965 - SECT 32

Power to court to revive suspended order

32. Power to court to revive suspended order



(1) Upon application made by or on behalf of any person for whose benefit a
maintenance order was made under this Part that has been suspended under
Division four of this Part until a specified day or until further order, the
Court may make an order reviving the suspended order in whole or in part with
or without variation, as the court thinks fit.



(2) An application under the last preceding subsection shall be heard at the
venue where the suspending order 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) A suspended order may be revived from any past day or, subject to
subsection (1) of section thirty, any future day specified in the reviving
order and shall from that day have and (where necessary) be deemed to have had
effect accordingly.

(4) Where the court revives an order from a past day it may direct that
payment in respect of any period before the date of the reviving order be made
in one sum or by such instalments as the court specifies in the reviving
order.

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