Queensland Consolidated Acts

MAINTENANCE ACT 1965 - SECT 86

86 Confirmation of provisional orders made overseas

(1) Where—

(a) an overseas order (other than an order in the nature of an affiliation order, or an order consequent upon such an order) has no effect under the law of the reciprocating country in which it is made unless and until confirmed by a court outside that reciprocating country (whether or not it appears from the order that it may be confirmed by a court in Queensland); and

(b) a certified copy of the order and the depositions of the witnesses in the proceedings in which the order is made, together with a statement of the grounds on which the making of the order could have been opposed if the defendant had appeared at the hearing, have been received by the chief executive; and

(c) it appears to the chief executive that—

(i) there are reasonable grounds for believing that the defendant is resident in, or proceeding to, Queensland; and

(ii) the order will have effect under the law of the reciprocating country if it is confirmed by a court in Queensland;

the chief executive shall send the documents received by the chief executive to the collector.

(2) In the case of a provisional order made in a country having restricted reciprocity, the chief executive shall not send the documents relating to the order to the collector unless the chief executive is satisfied that the order is of such a kind as could be made (otherwise than as a provisional order) under part 2 .

(3) Where the collector receives from the chief executive the documents referred to in subsection (1) the collector shall send the documents to the clerk of such court in Queensland as the collector deems appropriate.

(4) Upon receipt of the documents by the clerk of the court, a summons may be issued by any justice calling upon the defendant to appear before the court to show cause why the provisional overseas order should not be confirmed.

(5) At the hearing it shall be open to the defendant to raise any ground of opposition that the defendant could have raised in the original proceedings or any ground of opposition that the defendant could have raised had the proceedings on which the provisional overseas order was made been heard in Queensland, and the statement referred to in subsection (1) shall be conclusive evidence that the grounds referred to in that statement are the grounds of opposition that could have been raised in the original proceedings.

(6) If the defendant, having been served in Queensland with the summons, does not appear at the hearing, or if the defendant appears at the hearing but fails to satisfy the court that the order ought not to be confirmed, the court may—

(a) confirm the provisional order (either 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 that court take further evidence and further consider its provisional order.

(7) Where a provisional overseas order is confirmed under this section (whether with or without modification), the order as so confirmed has effect in Queensland as if it were an order to the like effect made by the court in Queensland.

(8) If, at the hearing, the court is of opinion that it is necessary to remit the case to the court that made the provisional order for the taking of further evidence, the case may be so remitted.

(9) Where the court confirms a provisional overseas order (whether with or without modification) the court shall direct that the moneys payable under the order be paid to the clerk of the court for the place specified in the confirming order, and the provisions of sections 38 and 39 shall, where necessary, and with any necessary modifications, apply.