Victorian Consolidated Legislation

Maintenance Act 1965 - SECT 95

Certain orders to be provisional only

95. Certain orders to be provisional only



(1) Where the court proposes to make an order on an application under section
ninety-two of this Act and any court in the reciprocating country will, if the
order is provisional only, have jurisdiction to confirm the order, the order
shall be provisional only and shall have no effect unless and until confirmed
(either with or without modification) by such a court, and shall be expressed
accordingly.

(2) Where a provisional order is made in accordance with this section, the
Collector shall send a certified copy of the provisional order, together with
the depositions of the witnesses, to an officer of a court in the
reciprocating country having jurisdiction to confirm the provisional order.

(3) Where a court in the reciprocating country confirms (either with or
without modification) a provisional order made on an application under section
ninety-two of this Act, the order has effect in Victoria as so confirmed.

(4) Notwithstanding anything contained in this section, if a provisional order
made on an application under subsection (2) of section ninety-two of this Act
is confirmed (either with or without modification) by a court of a
reciprocating country (not being the country specified in the order) in which
the defendant is resident at the time of the confirmation, the order has
effect in Victoria as so confirmed.