Victorian Consolidated Legislation

Maintenance Act 1965 - SECT 93

Discharge, suspension or variation of order made in absence of defendant

93. Discharge, suspension or variation of order made in absence of defendant



Where-

   (a)  an application is made under section ninety-two of this Act by a
        defendant for the discharge, suspension or variation of an overseas
        order;

   (b)  the defendant neither appeared at the hearing of the proceedings upon
        which the overseas order was made nor was served personally in the
        reciprocating country with notice of those proceedings; and

   (c)  the application is made within six months after service on the
        defendant of notice of registration of the order in Victoria-

the defendant may, in addition to raising any matter that he may raise under
section twenty-nine of this Act, raise any ground of opposition that he could
have raised had the proceedings on which the overseas order was made been
heard in Victoria.