Victorian Consolidated Legislation

Maintenance Act 1965 - SECT 33

PART III PROCEDURAL

Making of complaints and issue of summons

33. Making of complaints and issue of summons



(1) Every complaint made for the purposes of this Act shall be in writing made
upon oath before a registrar of the Court.



(2) On receiving a complaint, a registrar of the Court-

   (a)  may issue a summons addressed to the defendant commanding him to
        attend the court upon the hearing of the complaint; or

   (b)  if satisfied by oath that the whereabouts of the defendant are unknown
        to the complainant, or that the defendant has moved or is about to
        move out of the State may issue a warrant to arrest the defendant and
        bring him or her before the Court pursuant to this Act.

(3) Two or more complaints made against a defendant by a complainant, whether
on the complainant's own behalf, on behalf of other persons or both on the
complainant's own behalf and on behalf of other persons, may be joined in the
one form of complaint.

(4) Where two or more complaints are joined in the one form of complaint-

   (a)  one summons or warrant may be issued in respect of those complaints;

   (b)  those complaints shall, unless the court otherwise orders, be heard
        and determined by the court at the same time; and



   (c)  the court may make one order in respect of those complaints but the
        order shall be deemed to be a separate order in respect of each of the
        complaints in respect of which it was made.



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