Victorian Consolidated Legislation

Maintenance Act 1965 - SECT 41

Registration of arrears in Supreme Court or County Court

41. Registration of arrears in Supreme Court or County Court



(1) Where an order (in this section called a maintenance order) has been made
under Part II of this Act for the payment of maintenance and it is made to
appear on oath to the Court that default has been made by the defendant in
making the payments directed by the maintenance order the court may, upon
application made by or on behalf of any person for whose maintenance or for
whose benefit the order was made and subject to subsection (4) of section
thirty of this Act, grant a certificate stating the amount due under the
maintenance order at the date thereof without requiring notice of the
application to be given to the defendant.

(2) The person for whose maintenance or for whose benefit the maintenance
order was made may file the certificate or cause the certificate to be filed
in the Supreme Court of Victoria and the Prothonotary shall enter judgment for
such person for the amount stated in the certificate to be due together with
the fees paid for the certificate and for filing and entering the judgment
thereon and shall forthwith send notice in writing of the entry of such
judgment to a registrar of the Court at the venue where payments under the
maintenance order are for the time being required to be made.



(3) Subject to the following provisions of this section such judgment may be
enforced in any manner in which a final judgment in an action may be enforced.

(4) Where judgment is entered under this section proceedings for enforcement
of the judgment shall not be commenced unless an affidavit has been filed
stating that no proceedings are pending in another court for the recovery of
any of the arrears of maintenance included in the amount of the judgment and
that the maintenance order has not been discharged, suspended or varied since
the date of the certificate referred to in subsection (1) of this section in
any way affecting any of the arrears of maintenance included in the amount of
the judgment.

(5) Rules of court may prescribe the practice and procedure to be observed in
the Supreme Court of Victoria in connexion with the filing of certificates and
entering judgments thereon in pursuance of this section and the fees to be
paid.

Subdivision 3-Attachment of debts