Victorian Consolidated Legislation

Maintenance Act 1965 - SECT 88

Registration of overseas orders registered or confirmed in another Australian State

88. Registration of overseas orders registered or confirmed in another
Australian State



(1) Where-

   (a)  the Collector receives from the Collector for another Australian
        State-

   (i)  three certified copies of an overseas order;

   (ii) a Collector's certificate signed by the Collector for that Australian
        State relating to the order; and

   (iii) a request in writing that the order be made enforceable in Victoria;
        and

   (b)  it appears from the Collector's certificate that-

   (i)  the order has been registered in, or confirmed by, a court in that
        Australian State under a law of that Australian State corresponding
        with this subdivision; and

   (ii) the order was, at the date of the certificate, presently enforceable
        in that Australian State in accordance with that law- he shall, if it
        appears to him that there are reasonable grounds for believing that
        the defendant is residing in, or proceeding to, Victoria, send the
        documents to the principal registrar of the Magistrates' Court with a
        request that the principal registrar register the order in the Court.

(2) Where a request is so made, the principal registrar shall (whether or not
the order is of such a kind as could be made under Part II of this Act)
register the order and file in the court a certified copy of the order and the
Collector's certificate.

(3) An overseas order so registered shall, until the registration is
cancelled, be enforceable in Victoria, both as regards any arrears payable
under the order and as regards amounts becoming due under the order after it
is so registered.

(4) Upon registration of an overseas order, the Collector shall notify the
officer of a court or other authority in the reciprocating country
accordingly, and shall cause a certified copy of the order to be served upon
the defendant, together with a notice of registration of the order in
Victoria-

   (a)  specifying the amount, if any, of the arrears due under the order;

   (b)  stating that payments under the order are to be made to the Collector;
        and

   (c)  giving an address at which such payments may be made.