sec.8General jurisdiction of Magistrates Court in respect of maintenance orders

### sec.8 General jurisdiction of Magistrates Court in respect of maintenance orders Subject to this Act, a court shall have jurisdiction to make and to discharge, suspend, or vary any of the following kinds of orders— an order against a husband for the maintenance of his wife; an order against a father for the maintenance of children of the family; an order against a wife for the maintenance of her husband; an order against a mother for the maintenance of children of the family; an order against an unmarried father for the maintenance of his child; an order against an unmarried mother for the maintenance of her child; an order against an unmarried father for preliminary expenses in respect of the birth of his child; an order against an unmarried father for funeral expenses in respect of the death of his child, or of the mother of such a child; an order against a husband, wife, father, or mother for or towards the cost of medical, surgical, psychiatric, dental, hospital, or nursing care or treatment of a wife, husband, or child, or of funeral expenses in relation to any such person; such nominal, preliminary and interim orders as are provided for by this part. A court shall have jurisdiction to make an order under this part— if the person against whom the order is sought is resident in Queensland; or if the person for whose benefit the order is sought is resident in Queensland. However, where proceedings are taken under section 10 , 11 , 12 , 13 , 14 , 15 , 16 , 18 , 19 or 20 and the court, on objection taken by or on behalf of the defendant, is of opinion that the proceedings should have been taken in another court of similar jurisdiction in Queensland, it may remit the proceedings to that other court for hearing and determination and the proceedings shall then be deemed to have been taken in that other court and the hearing of the objection so taken shall be deemed not to be a commencement of the hearing of the complaint. Subject to this section, a court shall have jurisdiction to make an order under this part whether or not the facts or circumstances, or any of them, the existence or occurrence of which is necessary for the making of the order, took place before the commencement of this Act or outside Queensland. Nothing in this Act shall limit or affect the operation of any provision of any other Act (whether relating to child welfare or family welfare or children’s services or social services, or otherwise), or any law, by which any person is or may be required to make contribution to or payment on account of the maintenance or support of any other person. Where it is necessary for the court to be satisfied, before making an order under this Act, that the complainant has been, is, or is about to be, left without adequate means of support provided by the defendant, the court shall not make the order if, upon the evidence before the court, it is satisfied that the defendant had, has, or will have, as the case may be, just cause or excuse for so leaving the complainant. s 8 amd 1978 No. 30 s 14 (1) sch (sec.8-ssec.1) Subject to this Act, a court shall have jurisdiction to make and to discharge, suspend, or vary any of the following kinds of orders— an order against a husband for the maintenance of his wife; an order against a father for the maintenance of children of the family; an order against a wife for the maintenance of her husband; an order against a mother for the maintenance of children of the family; an order against an unmarried father for the maintenance of his child; an order against an unmarried mother for the maintenance of her child; an order against an unmarried father for preliminary expenses in respect of the birth of his child; an order against an unmarried father for funeral expenses in respect of the death of his child, or of the mother of such a child; an order against a husband, wife, father, or mother for or towards the cost of medical, surgical, psychiatric, dental, hospital, or nursing care or treatment of a wife, husband, or child, or of funeral expenses in relation to any such person; such nominal, preliminary and interim orders as are provided for by this part. (sec.8-ssec.2) A court shall have jurisdiction to make an order under this part— if the person against whom the order is sought is resident in Queensland; or if the person for whose benefit the order is sought is resident in Queensland. (sec.8-ssec.2A) However, where proceedings are taken under section 10 , 11 , 12 , 13 , 14 , 15 , 16 , 18 , 19 or 20 and the court, on objection taken by or on behalf of the defendant, is of opinion that the proceedings should have been taken in another court of similar jurisdiction in Queensland, it may remit the proceedings to that other court for hearing and determination and the proceedings shall then be deemed to have been taken in that other court and the hearing of the objection so taken shall be deemed not to be a commencement of the hearing of the complaint. (sec.8-ssec.3) Subject to this section, a court shall have jurisdiction to make an order under this part whether or not the facts or circumstances, or any of them, the existence or occurrence of which is necessary for the making of the order, took place before the commencement of this Act or outside Queensland. (sec.8-ssec.4) Nothing in this Act shall limit or affect the operation of any provision of any other Act (whether relating to child welfare or family welfare or children’s services or social services, or otherwise), or any law, by which any person is or may be required to make contribution to or payment on account of the maintenance or support of any other person. (sec.8-ssec.5) Where it is necessary for the court to be satisfied, before making an order under this Act, that the complainant has been, is, or is about to be, left without adequate means of support provided by the defendant, the court shall not make the order if, upon the evidence before the court, it is satisfied that the defendant had, has, or will have, as the case may be, just cause or excuse for so leaving the complainant. - (a) an order against a husband for the maintenance of his wife; - (b) an order against a father for the maintenance of children of the family; - (c) an order against a wife for the maintenance of her husband; - (d) an order against a mother for the maintenance of children of the family; - (e) an order against an unmarried father for the maintenance of his child; - (f) an order against an unmarried mother for the maintenance of her child; - (g) an order against an unmarried father for preliminary expenses in respect of the birth of his child; - (h) an order against an unmarried father for funeral expenses in respect of the death of his child, or of the mother of such a child; - (i) an order against a husband, wife, father, or mother for or towards the cost of medical, surgical, psychiatric, dental, hospital, or nursing care or treatment of a wife, husband, or child, or of funeral expenses in relation to any such person; - (j) such nominal, preliminary and interim orders as are provided for by this part. - (a) if the person against whom the order is sought is resident in Queensland; or - (b) if the person for whose benefit the order is sought is resident in Queensland.