Commonwealth Consolidated Regulations

FAMILY LAW REGULATIONS 1984 - REG 39

  (1)   This regulation applies if the Secretary receives:

  (a)   a certified copy of a provisional order made by a court in a reciprocating jurisdiction varying, discharging, suspending or reviving a maintenance order:

  (i)   made in Australia and enforceable in that jurisdiction; or

  (ii)   made in that jurisdiction and enforceable in Australia; and

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

  (2)   The Secretary must apply to a court for an order confirming the provisional order.

  (3)   The Secretary must serve a copy of the application on the respondent.

Note:   Service is dealt with by the applicable Rules of Court.

  (4)   The court may:

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

  (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.

  (5)   A provisional order that is confirmed under this regulation (whether with or without modification) has effect in Australia as if it were an order made by a court having jurisdiction under the Act.

  (6)   In this regulation, a reference to a provisional order includes a reference to a provisional variation of:

  (a)   an Australian maintenance agreement; or

  (b)   an overseas maintenance agreement.