Victorian Consolidated Legislation

Maintenance Act 1965 - SECT 92

Defendant in Victoria may apply for order of variation etc.

92. Defendant in Victoria may apply for order of variation etc.



(1) Where an overseas order is enforceable in Victoria by virtue of this
Subdivision, the defendant may make an application in writing, in accordance
with the prescribed form, to the Court for an order discharging, suspending or
varying the overseas order, and that court has jurisdiction to hear and
determine the application.

(2) Where a Victorian order is enforceable under the law of a reciprocating
country in which the defendant is for the time being resident, the complainant
may make an application in writing, in accordance with the prescribed form, to
the Court for an order varying, or (if the order has been suspended) reviving,
the order.

(3) The applicant shall cause notice of an application under this section to
be served upon the Collector personally or by post not less than fourteen days
before the hearing of the application.

(4) The evidence of any witness who is examined at the hearing of any such
application shall be put into writing and shall be read over to and signed by
him.



(5) The court shall, as far as practicable, hear and determine an application
under this section as if it were a similar application under Division four or
Division five of Part II of this Act.