Queensland Consolidated Acts

MAINTENANCE ACT 1965 - SECT 96

96 Procedure where provisional order remitted by court in reciprocating country

(1) Where a provisional order made in accordance with section 95 is remitted by a court in a reciprocating country to the court in Queensland that made the provisional order for the taking of further evidence, the court in Queensland or, if requested by that court, another court of similar jurisdiction in Queensland shall, after notice has been given to such persons and in such manner as the court thinks fit, proceed to take the evidence.

(2) Where the further evidence is taken by a court in Queensland other than the court that made the provisional order, the firstmentioned court shall cause the depositions of the witnesses to be sent to the court that made the provisional order.

(3) When the further evidence is taken by the court in Queensland that made the provisional order or is received by that court from another court in Queensland that took the further evidence, the firstmentioned court shall cause the depositions of the witnesses to be transmitted to the court in the reciprocating country.

(4) If, when the further evidence has been taken, it appears to the court that made the provisional order that the order ought not to have been made, the court may rescind the order and may, if it thinks fit, make a fresh provisional order on the application under section 92 .