Div 6Procedural

Division 6—Procedural 149—Complaints (1) Where a complaint is made under this Act and unless express provision is otherwise made by this Act, a justice— (a) may issue a summons addressed to the defendant commanding the defendant to attend the court upon the hearing of the complaint; or (b) if satisfied by oath that the whereabouts of the defendant is unknown to the complainant or that the defendant has moved or is about to move out of the State or to a distant part of the State, may issue a warrant for the apprehension of the defendant and for bringing the defendant before a court pursuant to this Act. (2) Two or more complaints made against a defendant by a complainant, whether on the complainant's own behalf, on behalf of other persons or both on the complainant's own behalf and on the behalf of other persons, may be joined in the one form of complaint. (3) Where two or more complaints are joined in the one form of complaint— (a) one summons or warrant may be issued in respect of those complaints; and (b) those complaints will, unless the court otherwise orders, be heard and determined by the court at the same time; and (c) the court may make one order in respect of those complaints but the order will be taken to be a separate order in respect of each of the complaints in respect of which it was made. (4) Where complaints for maintenance of a child are made against a number of different persons, the complaints may, if the court thinks fit, be heard and determined by the court at the same time. 150—Complaints in affiliation cases No complaint in an affiliation case may be made except— (a) by or on behalf of the mother of the child in relation to whom the complaint is made; or (b) by or on behalf of the child itself; or (c) by the Minister. 151—Orders may direct mode of payment Except as otherwise provided by this Act, an order made by a court under this Act for the payment of money may direct that— (a) the money be paid to the Chief Executive or to some other person at a place specified in the order; or (b) the money payable under the order be paid in a lump sum, or periodically or by instalments or partly in a lump sum and partly periodically or by instalments in accordance with the direction of the court. 152—Non-appearance of defendant (1) If a defendant to whom a summons has been issued does not appear in accordance with the summons or on any day to which the hearing of the summons is adjourned, the court, upon proof of the service of the summons, may issue a warrant for the apprehension of the defendant and for bringing the defendant before the court, or may proceed with the hearing of the complaint in the absence of the defendant. (2) Where a warrant has been issued for the apprehension of the defendant (whether in the first instance or upon the defendant failing to appear in accordance with a summons) and the court is satisfied that after strict inquiry and search the defendant cannot be found, the court may proceed to hear the complaint in the absence of the defendant. (3) The inquiry and search made for the defendant for the purposes of this section may be proved by evidence given orally or by the affidavit of the person or persons who made the inquiry and search. 153—Court may set aside order made in the absence of the defendant (1) Where the court proceeds pursuant to the provisions of this Division to make an order against the defendant in the defendant's absence, the defendant may, within 28 days after the order comes to the defendant's knowledge, make application to the court to set aside the order and to re-hear the matter of the complaint in respect of which the order was made. (2) Notice in writing of intention to make any such application must be lodged with the court and a copy of it must be served on the complainant either personally or by registered post a reasonable time in the circumstances before the day specified in the notice for the making of the application. (3) Upon proof of service of the notice the court may, if it thinks it just in the circumstances of the case so to do, set aside the order made in the absence of the defendant on such terms as to costs as it thinks fit and may proceed to hear and determine the matter of the complaint or, in the absence of the complainant, may adjourn the matter of the application to some other time or place and may direct such notice as the court thinks fit of the adjourned hearing to be given to the complainant. 154—Court may require defendant to state his or her employer etc (1) In any proceedings in which maintenance is sought, or in which the enforcement of an order for maintenance is sought, the court may— (a) direct the defendant to attend before the court at a time fixed by the court to be examined concerning his or her means and ability to comply with the order; or (b) direct the defendant to state to the court or to furnish to the court within any time fixed by the court a statement signed by the defendant setting out— (i) the name and address of the defendant's employer or, if the defendant has more than one employer, of each of them; and (ii) particulars as to the defendant's earnings; and (iii) such other particulars as the court thinks necessary for the enforcement of the order; or (c) direct any person who appears to the court to be indebted to the defendant or to be the employer of the defendant to give to the court, within any time fixed by the court, a statement signed by or on behalf of the person containing such particulars as are specified in the direction of the person's indebtedness to the defendant or of all the earnings of the defendant that became payable by that person during a specified period. (2) If the defendant fails to comply with the direction, the court may upon proof that the direction was duly served upon the defendant, issue a warrant for the apprehension of the defendant. (2a) A direction under this section may be served upon a person— (b) by leaving a copy of it at the usual or last known place of residence or business of that person with some person, apparently over the age of 16 years, who apparently resides in that place of residence or is employed at that place of business; or (c) by sending a copy of it, by post, to that person's usual or last known place of residence or business. (3) A document purporting to be a statement referred to in subsection (1) is admissible in evidence in any proceedings under this Act relating to maintenance. (4) A person who— (a) without reasonable cause or excuse refuses or fails to comply with a direction duly served on him or her under this section; or (b) in any statement made or notice furnished to a court pursuant to the provisions of this section, makes a statement that he or she knows to be false or misleading in a material particular or does not believe on reasonable grounds to be true, is guilty of an offence.