QLDIn ForceAct
Maintenance Act 1965
sec.76Discharge, suspension or variation of order made in absence of defendant
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### sec.76 Discharge, suspension or variation of order made in absence of defendant
Where—
an application is made under section 75 (1) by a defendant for the discharge, suspension, or variation of an interstate order; and
the defendant neither appeared at the hearing of the complaint upon which the original interstate order was made, nor was served personally in the State or Territory in which that order was made with a summons issued pursuant to the complaint upon which that order was made; and
the application is made within 6 months after service on the defendant of notice of the registration of the order in Queensland, or within such further period of time as the court may, in a particular case, allow;
the defendant may, in addition to raising any matter that may be raised on an application under section 31 , raise any ground of opposition that the defendant could have raised in the original proceedings.
- (a) an application is made under section 75 (1) by a defendant for the discharge, suspension, or variation of an interstate order; and
- (b) the defendant neither appeared at the hearing of the complaint upon which the original interstate order was made, nor was served personally in the State or Territory in which that order was made with a summons issued pursuant to the complaint upon which that order was made; and
- (c) the application is made within 6 months after service on the defendant of notice of the registration of the order in Queensland, or within such further period of time as the court may, in a particular case, allow;