Victorian Consolidated Legislation

Maintenance Act 1965 - SECT 38

Power to court to proceed in absence of defendant in certain cases

38. Power to court to proceed in absence of defendant in certain cases



(1) If a defendant to whom a summons has been issued does not appear in
accordance with the summons or on any day to which the hearing of the summons
is adjourned the court, upon proof of the service of the summons, may issue a
warrant to arrest the defendant and for his being brought before the court, or
may proceed with the hearing of the complaint in the absence of the defendant.

(2) Where a warrant has been issued for the arrest of the defendant (whether
in the first instance or upon the defendant failing to appear in accordance
with a summons as aforesaid) and the court is satisfied that after strict
inquiry and search the defendant cannot be found the court may proceed to hear
the complaint in the absence of the defendant.

(3) The inquiry and search made for the defendant for the purposes of this
section may be proved by evidence given orally or by the affidavit of the
person or persons who made such inquiry and search.