Victorian Consolidated Legislation

Maintenance Act 1965 - SECT 80

Confirmation of provisional orders made in other Australian States

80. Confirmation of provisional orders made in other Australian States



(1) Where the Collector receives-

   (a)  a certified copy of-

   (i)  a provisional order made by a court in another Australian State
        discharging, suspending, varying or reviving a Victorian order
        enforceable in that other Australian State; or

   (ii) a provisional order made by a court in another Australian State
        discharging, suspending, varying or reviving an interstate order made
        in that Australian State and enforceable in Victoria by virtue of this
        Subdivision; and

   (b)  the depositions of the witnesses who gave evidence at the hearing of
        the application upon which the provisional order was made-

the Collector shall, on behalf of the party on whose application the
provisional order was made in the other Australian State, apply to the court
in Victoria by or in which the maintenance order was made or is registered for
an order confirming the provisional order.

(2) The Collector shall cause notice, in accordance with the prescribed form,
of the application under this section to be served on the respondent to the
application not less than seven days before the hearing of the application.

(3) Upon the hearing of such an application, the court may-

   (a)  confirm the provisional order, either with or without modification;

   (b)  discharge the provisional order; or

   (c)  adjourn the proceedings and remit the provisional order to the court
        that made it with a request that that court take further evidence and
        further consider its provisional order.

(4) Where a provisional order is confirmed under this section (whether with or
without modification), the order as so confirmed shall have effect in Victoria
as if it were an order to the like effect made by the court in Victoria.