39Confirmation of variations made provisionally in reciprocating jurisdiction

39 Confirmation of variations made provisionally in reciprocating jurisdiction

(1) This regulation applies if the Secretary receives: (a) a certified copy of a provisional order made by a court in a reciprocating jurisdiction varying, discharging, suspending or reviving a maintenance order: (i) made in Australia and enforceable in that jurisdiction; or (ii) made in that jurisdiction and enforceable in Australia; and (b) a copy of the depositions of the witnesses who gave evidence at the hearing of the application upon which the provisional order was made. (2) The Secretary must apply to a court for an order confirming the provisional order. (3) The Secretary must serve a copy of the application on the respondent.

Note: Service is dealt with by the applicable Rules of Court.

(4) The court may: (a) confirm the provisional order (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 the court take further evidence and further consider its provisional order. (5) A provisional order that is confirmed under this regulation (whether with or without modification) has effect in Australia as if it were an order made by a court having jurisdiction under the Act. (6) In this regulation, a reference to a provisional order includes a reference to a provisional variation of: (a) an Australian maintenance agreement; or (b) an overseas maintenance agreement.