sec.83Power to make provisional order against person resident in reciprocating country

### sec.83 Power to make provisional order against person resident in reciprocating country Upon application made in writing in accordance with the prescribed form to a court in Queensland for a maintenance order of a kind that may be made under part 2 , division 1 , subdivision 2 or 3 against any person, and upon proof that that person is resident in, or proceeding to, a reciprocating country, the court may, in the absence of that person, make any order it could have made under either of those subdivisions if a summons had been duly served on that person and that person had failed to appear at the hearing. An order made under subsection (1) shall be provisional only and shall have no effect unless and until confirmed (either with or without modification) by a competent court in a reciprocating country in which the defendant is resident at the time of that confirmation, and shall be expressed accordingly. Where a court makes an order under subsection (1) , the clerk of the court shall send to the collector— the depositions of the witnesses; and 3 certified copies of the order; and a statement of the grounds on which the making of the order could have been opposed if the defendant had appeared at the hearing. Upon receiving the documents, the collector shall send the documents, together with any information and material the collector possesses for facilitating the identification, and ascertaining the whereabouts, of the defendant to the chief executive for transmission to the reciprocating country referred to in subsection (1) . Where any such provisional order has come before a court in a reciprocating country for confirmation and the order has by that court been remitted to the court in Queensland that made the order for the purpose of taking further evidence, the court in Queensland or, if requested by that court, another court of similar jurisdiction in Queensland, shall, after notice has been given to such persons and in such manner as the court thinks fit, proceed to take the evidence. Where the further evidence is taken by a court in Queensland other than the court that made the provisional order, the firstmentioned court shall cause the depositions of the witnesses to be transmitted to the court that made the provisional order. When the further evidence is taken by the court in Queensland that made the provisional order or is received by that court from another court in Queensland that took the further evidence, the firstmentioned court shall cause the depositions of the witnesses to be transmitted to the court in the reciprocating country. If, when the further evidence has been taken, it appears to the court that made the provisional order that the order ought not to have been made, the court may rescind the order and may, if it thinks fit, make a fresh provisional order on the application under subsection (1) . Where a court in a reciprocating country in which the defendant is for the time being resident confirms (whether with or without modification) a provisional order made under this section, the order has effect in Queensland as so confirmed. Where a court in a reciprocating country confirms (whether with or without modification) a provisional order made under this section, then, in any proceedings arising out of or relating to the order, it shall be presumed, unless the contrary is proved, that the defendant was resident in that reciprocating country at the time when the order was confirmed. The provisions of part 2 , division 3 , subdivision 1 shall, so far as the same are applicable, apply to and with respect to any order made under this section, or under a corresponding provision of the repealed Acts. s 83 amd 1990 No. 80 s 3 sch 6 (sec.83-ssec.1) Upon application made in writing in accordance with the prescribed form to a court in Queensland for a maintenance order of a kind that may be made under part 2 , division 1 , subdivision 2 or 3 against any person, and upon proof that that person is resident in, or proceeding to, a reciprocating country, the court may, in the absence of that person, make any order it could have made under either of those subdivisions if a summons had been duly served on that person and that person had failed to appear at the hearing. (sec.83-ssec.2) An order made under subsection (1) shall be provisional only and shall have no effect unless and until confirmed (either with or without modification) by a competent court in a reciprocating country in which the defendant is resident at the time of that confirmation, and shall be expressed accordingly. (sec.83-ssec.3) Where a court makes an order under subsection (1) , the clerk of the court shall send to the collector— the depositions of the witnesses; and 3 certified copies of the order; and a statement of the grounds on which the making of the order could have been opposed if the defendant had appeared at the hearing. (sec.83-ssec.4) Upon receiving the documents, the collector shall send the documents, together with any information and material the collector possesses for facilitating the identification, and ascertaining the whereabouts, of the defendant to the chief executive for transmission to the reciprocating country referred to in subsection (1) . (sec.83-ssec.5) Where any such provisional order has come before a court in a reciprocating country for confirmation and the order has by that court been remitted to the court in Queensland that made the order for the purpose of taking further evidence, the court in Queensland or, if requested by that court, another court of similar jurisdiction in Queensland, shall, after notice has been given to such persons and in such manner as the court thinks fit, proceed to take the evidence. (sec.83-ssec.6) Where the further evidence is taken by a court in Queensland other than the court that made the provisional order, the firstmentioned court shall cause the depositions of the witnesses to be transmitted to the court that made the provisional order. (sec.83-ssec.7) When the further evidence is taken by the court in Queensland that made the provisional order or is received by that court from another court in Queensland that took the further evidence, the firstmentioned court shall cause the depositions of the witnesses to be transmitted to the court in the reciprocating country. (sec.83-ssec.8) If, when the further evidence has been taken, it appears to the court that made the provisional order that the order ought not to have been made, the court may rescind the order and may, if it thinks fit, make a fresh provisional order on the application under subsection (1) . (sec.83-ssec.9) Where a court in a reciprocating country in which the defendant is for the time being resident confirms (whether with or without modification) a provisional order made under this section, the order has effect in Queensland as so confirmed. (sec.83-ssec.10) Where a court in a reciprocating country confirms (whether with or without modification) a provisional order made under this section, then, in any proceedings arising out of or relating to the order, it shall be presumed, unless the contrary is proved, that the defendant was resident in that reciprocating country at the time when the order was confirmed. (sec.83-ssec.11) The provisions of part 2 , division 3 , subdivision 1 shall, so far as the same are applicable, apply to and with respect to any order made under this section, or under a corresponding provision of the repealed Acts. - (a) the depositions of the witnesses; and - (b) 3 certified copies of the order; and - (c) a statement of the grounds on which the making of the order could have been opposed if the defendant had appeared at the hearing.