QLDIn ForceAct
Maintenance Act 1965
sec.115Complaints to be in writing and on oath etc.
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### sec.115 Complaints to be in writing and on oath etc.
A complaint made for the purposes of this Act shall be in writing and on oath before a justice.
A justice before whom any complaint is made under this Act—
may issue a summons addressed to the defendant to attend the court upon the hearing of the complaint; and
if satisfied by oath that the whereabouts of the defendant are unknown to the complainant, or that the defendant is about to remove out of Queensland or into a distant part of Queensland, or has so moved, and that such removal or intended removal may unreasonably delay the hearing of the complaint or may tend to defeat any of the provisions of this Act or may enable the defendant to avoid service of a summons under this Act—may issue a warrant for the apprehension of the defendant and for the defendant being brought before a court pursuant to this Act.
Two or more complaints made under this Act 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 behalf of other persons, may, if the court thinks fit, be heard and determined by the court at the same time, but an order in respect of each complaint shall be a separate order.
Where complaints are made under this Act against a defendant by a complainant on behalf of more than 1 child of the family or more than 1 child whose parents were not married to each other at the time of its conception and have not since married each other, the complaints may be joined in the 1 form of complaint and 1 summons may be issued in respect of all complaints so joined, but an order in respect of each complaint shall be a separate order.
Where complaints for the maintenance—
of a child of the family are made by the same person against the father as well as the mother of the child;
of a child are made by the same person against a person alleged to be the father of the child as well as against the mother of the child;
the complaints may, if the court thinks fit, be heard and determined by the court at the same time, but an order in respect of each complaint shall be a separate order.
s 115 amd 1978 No. 30 s 14 (1) sch ; 2010 No. 42 s 214 sch
(sec.115-ssec.1) A complaint made for the purposes of this Act shall be in writing and on oath before a justice.
(sec.115-ssec.2) A justice before whom any complaint is made under this Act— may issue a summons addressed to the defendant to attend the court upon the hearing of the complaint; and if satisfied by oath that the whereabouts of the defendant are unknown to the complainant, or that the defendant is about to remove out of Queensland or into a distant part of Queensland, or has so moved, and that such removal or intended removal may unreasonably delay the hearing of the complaint or may tend to defeat any of the provisions of this Act or may enable the defendant to avoid service of a summons under this Act—may issue a warrant for the apprehension of the defendant and for the defendant being brought before a court pursuant to this Act.
(sec.115-ssec.3) Two or more complaints made under this Act 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 behalf of other persons, may, if the court thinks fit, be heard and determined by the court at the same time, but an order in respect of each complaint shall be a separate order.
(sec.115-ssec.4) Where complaints are made under this Act against a defendant by a complainant on behalf of more than 1 child of the family or more than 1 child whose parents were not married to each other at the time of its conception and have not since married each other, the complaints may be joined in the 1 form of complaint and 1 summons may be issued in respect of all complaints so joined, but an order in respect of each complaint shall be a separate order.
(sec.115-ssec.5) Where complaints for the maintenance— of a child of the family are made by the same person against the father as well as the mother of the child; of a child are made by the same person against a person alleged to be the father of the child as well as against the mother of the child; the complaints may, if the court thinks fit, be heard and determined by the court at the same time, but an order in respect of each complaint shall be a separate order.
- (a) may issue a summons addressed to the defendant to attend the court upon the hearing of the complaint; and
- (b) if satisfied by oath that the whereabouts of the defendant are unknown to the complainant, or that the defendant is about to remove out of Queensland or into a distant part of Queensland, or has so moved, and that such removal or intended removal may unreasonably delay the hearing of the complaint or may tend to defeat any of the provisions of this Act or may enable the defendant to avoid service of a summons under this Act—may issue a warrant for the apprehension of the defendant and for the defendant being brought before a court pursuant to this Act.
- (a) of a child of the family are made by the same person against the father as well as the mother of the child;
- (b) of a child are made by the same person against a person alleged to be the father of the child as well as against the mother of the child;