Victorian Consolidated Legislation

Maintenance Act 1965 - SECT 96

Remittance of provisional order by court in reciprocating country

96. Remittance of provisional order by court in reciprocating country



(1) Where a provisional order made in accordance with the last preceding
section is remitted by a court in a reciprocating country to the court in
Victoria that made the provisional order for the taking of further evidence,
the court in Victoria, or, if requested by that court, another court in
Victoria, shall, after notice has been given to such persons and in such
manner as the court thinks fit, proceed to take the evidence, and shall cause
the depositions of the witnesses to be sent to the court in the reciprocating
country.

(2) If, upon the taking of the further evidence, it appears to the court
taking that further evidence that the order ought not to have been made, that
court may rescind the order and may, if it thinks fit, make a fresh
provisional order in its stead.