Victorian Consolidated Legislation

Maintenance Act 1965 - SECT 78

Order of variation etc. to be provisional only

78. Order of variation etc. to be provisional only



(1) Except as provided in the next succeeding subsection, an order made on an
application under section seventy-five of this Act discharging, suspending,
varying or reviving a maintenance order shall be provisional only and shall
have no effect unless and until confirmed by a competent court of the
Australian State in which the maintenance order was made or is enforceable,
and shall be expressed accordingly.

(2) Where the respondent to an application under section seventy-five of this
Act has been served personally in Victoria with notice of the application or
appears on the hearing of the application, any order made on the application
shall recite that fact, and the order shall have effect forthwith in Victoria.

(3) Where an order made on an application under section seventy-five of this
Act is expressed to be provisional, the registrar of the court making the
provisional order shall send a certified copy of the order, together with the
depositions of the witnesses, to the Collector for the other Australian State.

(4) Where an order referred to in the last preceding subsection has been
confirmed (whether with or without modification) by a competent court of the
other Australian State, the order shall have effect in Victoria as so
confirmed.