Victorian Consolidated Legislation

Maintenance Act 1965 - SECT 39

Setting aside order made in the absence of the defendant

39. Setting aside order made in the absence of the defendant



(1) Where the court proceeds pursuant to the provisions of the last preceding
section to make an order against the defendant in his absence the defendant
may, within twenty-eight days after the order comes to his knowledge, make
application to the court that made the order to set aside the order and to
re-hear the matter of the complaint in respect of which the order was made.

(2) Notice in writing of intention to make any such application shall be
lodged at the Court and a copy thereof shall be served on the complainant
either personally or by registered post a reasonable time in the circumstances
before the day specified in the notice for the making of such application.

(3) Upon proof of service of the notice as aforesaid the court may, if it
thinks it just in the circumstances of the case so to do, set aside the order
made in the absence of the defendant on such terms as to costs as it thinks
fit and may proceed to hear and determine the matter of the said complaint or,
in the absence of the complainant, may adjourn the matter of the application
to some other time or place and may direct such notice as the court thinks fit
of such adjourned hearing to be given to the complainant.

(4) Where an order has been set aside under this section any order made
against the defendant thereafter for the maintenance of any person may be made
to take effect from any date upon which the order set aside could have been
made to take effect pursuant to the provisions of section twenty-three of this
Act.

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