Victorian Consolidated Legislation

Maintenance Act 1965 - SECT 75

Application for provisional order of variation etc.

75. Application for provisional order of variation etc.



(1) Where an interstate order made by a court of summary jurisdiction, or by a
magistrate or justices, is enforceable in Victoria by virtue of this
subdivision, application in writing in accordance with the prescribed form may
be made by or on behalf of the complainant or the defendant to the Court for
an order discharging, suspending, varying or reviving the interstate order,
and that court has jurisdiction to hear and determine the application.

(2) Where a Victorian order made by the Magistrates' Court is enforceable in
another Australian State by virtue of provisions corresponding with this
Subdivision, application in writing in accordance with the prescribed form may
be made by or on behalf of the complainant or the defendant to a court in
Victoria that would have jurisdiction to make an order under section
twenty-nine of this Act in relation to the Victorian order for an order
discharging, suspending, varying or reviving the Victorian order.

(3) The applicant shall cause notice of an application under this section to
be served, not less than fourteen days before the hearing of the application,
upon the Collector personally or by post and the Collector shall, forthwith
upon receipt by him of the notice, notify the Collector for the Australian
State in which the interstate order was made or the Victorian order is
enforceable (as the case may be).

(4) Except where the complainant and the defendant both appear upon the
hearing, the evidence of any witness who is examined at the hearing of any
such application shall be put into writing and shall be read over to and
signed by him.

(5) While a Victorian order is enforceable in another Australian State under
the law of that other Australian State, no application for the discharge,
suspension, variation or revival of the order shall be made in Victoria except
in accordance with this section.