28Dealing with provisional overseas maintenance orders

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.