Victorian Current Acts Victorian Current ActsS. 56(1) amended by No. 4/2009 s. 32(1).
(1) On an application by a domestic partner or a caring partner in respect of whom an order has been made for periodic maintenance, a court may—
(a) subject to subsection (2), discharge the order; or
(b) suspend the operation of the order wholly or in part until—
(i) a further order; or
(ii) a fixed time; or
(iii) the happening of a future event; or
(c) revive wholly or in part the operation of an order suspended under paragraph (b); or
(d) subject to subsection (2), vary the terms of the order.
(2) A court must not make an order discharging an order or increasing or decreasing an amount payable under an order unless satisfied that it is justifiable to do so because, since the order was made or last varied—
S. 56(2)(a) amended by No. 4/2009 s. 32(2).
(a) the circumstances of the domestic partner or caring partner in whose favour the order was made have changed; or
S. 56(2)(b) amended by No. 4/2009 s. 32(2).
(b) the circumstances of the domestic partner or caring partner against whom the order was made have changed; or
(c) the cost of living has changed.
S. 56(3) amended by No. 44/2014 s. 33(Sch. item 22).
(3) In satisfying itself for the purpose of subsection (2)(c), the court must have regard to any changes occurring during the relevant period in the all groups consumer price index for Melbourne in original terms published by the Australian Bureau of Statistics (or, if the regulations prescribe another economic index for the purposes of this section, that other index).
(4) In considering the variation of an order, a court must not have regard to a change in the cost of living unless at least 12 months have elapsed since the order was made or last varied.
(5) A order increasing or decreasing the amount of a periodic sum payable under an order may be expressed to be retrospective to any date the court thinks fit.
(6) For the purposes of this section, a court must have regard to section 51.