CTHRepealedLegislation
Family Law Regulations 1984
28Dealing with provisional overseas maintenance orders
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#### 28 Dealing with provisional overseas maintenance orders
(1) This regulation applies if:
(a) a maintenance order has been made in a reciprocating jurisdiction; and
(b) the order has no effect under the law of that jurisdiction unless and until it is confirmed by a court outside that jurisdiction; and
(c) the Secretary has received:
(i) a certified copy of the order; and
(ii) a copy of the depositions of the witnesses in the proceedings in which the order was made; and
(iii) a statement of the grounds on which the order could have been opposed if the person against whom the order was sought (the respondent) had appeared at the hearing; and
(d) there are reasonable grounds for believing that:
(i) the respondent is ordinarily resident in, is present in, or is proceeding to, Australia; and
(ii) the order will have effect under the law of the overseas jurisdiction if it is confirmed by a court having jurisdiction under the Act.
(2) The Secretary must make an application calling upon the respondent to show cause why that order should not be confirmed.
> Note: For application, see regulation 3.
(3) The Secretary must serve a copy of the application on the respondent.
> Note: Service is dealt with by the applicable Rules of Court.