QLDIn ForceAct
Maintenance Act 1965
sec.34Court may revive suspended order
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### sec.34 Court may revive suspended order
Upon application made by or on behalf of any person for whose benefit an order was made that has been suspended under this division until a specified day or until further order, a court may make an order reviving the suspended order in whole or in part, with or without variation, as the court thinks fit.
An application under subsection (1) shall be heard by the court for the place where the suspending order was made unless—
the parties to the application consent to the hearing of the application by a court sitting at another place; or
the hearing of the application is adjourned, upon the application of either party, to a court sitting at another place.
A suspended order may be revived from any past day, or, subject to section 31 (1) , any future day, specified in the reviving order, and shall from that day have and (where necessary) be deemed to have had effect accordingly.
Where the court revives an order from a past day, the court may direct that payment in respect of any period before the date of the reviving order be made in one sum or by such instalments as the court specifies in the reviving order.
(sec.34-ssec.1) Upon application made by or on behalf of any person for whose benefit an order was made that has been suspended under this division until a specified day or until further order, a court may make an order reviving the suspended order in whole or in part, with or without variation, as the court thinks fit.
(sec.34-ssec.2) An application under subsection (1) shall be heard by the court for the place where the suspending order was made unless— the parties to the application consent to the hearing of the application by a court sitting at another place; or the hearing of the application is adjourned, upon the application of either party, to a court sitting at another place.
(sec.34-ssec.3) A suspended order may be revived from any past day, or, subject to section 31 (1) , any future day, specified in the reviving order, and shall from that day have and (where necessary) be deemed to have had effect accordingly.
(sec.34-ssec.4) Where the court revives an order from a past day, the court may direct that payment in respect of any period before the date of the reviving order be made in one sum or by such instalments as the court specifies in the reviving order.
- (a) the parties to the application consent to the hearing of the application by a court sitting at another place; or
- (b) the hearing of the application is adjourned, upon the application of either party, to a court sitting at another place.