Victorian Consolidated Legislation

Maintenance Act 1965 - SECT 97

Confirmation of provisional orders of variation etc. made in reciprocating countries

97. Confirmation of provisional orders of variation etc. made in reciprocating
countries



(1) Where the Collector receives-

   (a)  a certified copy of-

   (i)  a provisional order made by a court of a reciprocating country
        discharging, suspending, varying or reviving a Victorian order
        enforceable in that reciprocating country; or

   (ii) a provisional order made by a court in a reciprocating country
        discharging, suspending, varying or reviving an overseas order made in
        that reciprocating country and enforceable in Victoria by virtue of
        this Subdivision; and

   (b)  the depositions of the witnesses who gave evidence at the hearing of
        the application upon which the provisional order was made-

the Collector shall, on behalf of the party on whose application the
provisional order was made in the reciprocating country, apply to the court in
Victoria by or in which the maintenance order was made, registered or
confirmed for an order confirming the provisional order.

(2) The Collector shall cause notice in accordance with the prescribed form of
the application under this section to be served on the respondent to the
application not less than seven days before the hearing of the application.

(3) Upon the hearing of any such application, the court may-

   (a)  confirm the provisional order (either with or without modification);

   (b)  discharge the provisional order; or

   (c)  adjourn the proceedings and remit the provisional order to the court
        that made it with a request that the court take further evidence and
        further consider its provisional order.

(4) Where a provisional order is confirmed under this section (whether with or
without modification) the order as so confirmed shall have effect in Victoria
as if it were an order to the like effect made by the court in Victoria.