Victorian Consolidated Legislation

Maintenance Act 1965 - SECT 76

Discharge, suspension or variation of order made in absence of defendant

76. Discharge, suspension or variation of order made in absence of defendant

Where-

   (a)  an application is made under subsection (1) of section seventy-five of
        this Act by a defendant for the discharge, suspension or variation of
        an interstate order;

   (b)  the defendant neither appeared at the hearing of the complaint upon
        which the original interstate order was made nor was served personally
        in the State or Territory in which the order was made with the summons
        upon that complaint; and

   (c)  the application is made within six months after service on the
        defendant of notice of registration of the order in Victoria-

the defendant may, in addition to raising any matter that he may raise under
section twenty-nine of this Act, raise any ground of opposition that he could
have raised in the original proceedings.