Victorian Consolidated Legislation

Maintenance Act 1965 - SECT 79

Remittance of provisional order by court of other Australian States

79. Remittance of provisional order by court of other Australian States



(1) Where a provisional order made under the foregoing provisions of this
Subdivision is remitted by a court in another Australian State to the court in
Victoria that made the provisional order for the taking of further evidence,
the court in Victoria, or, if requested by the court in Victoria, another
court in Victoria, shall, after notice has been given to such persons in such
manner as the court thinks fit, proceed to take the evidence, and shall cause
the depositions of the witnesses to be sent to the court in the other
Australian State.

(2) If, upon the taking of the further evidence, it appears to the court
taking the further evidence that the order ought not to have been made, the
court may rescind the order and may, if it thinks fit, make a fresh
provisional order in its stead.