QLDIn ForceAct
Maintenance Act 1965
sec.92Variation etc. in Queensland of overseas orders
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### sec.92 Variation etc. in Queensland of overseas orders
Where an overseas order is enforceable in Queensland by virtue of this division an application in writing in accordance with the prescribed form may be made by or on behalf of the defendant to the court for the place in Queensland where payments under the order are required to be made for an order discharging, suspending, or varying the overseas order, and that court has jurisdiction to hear and determine the application.
Where a Queensland order made by a court of summary jurisdiction is enforceable under the law of a reciprocating country in which the defendant is for the time being resident, an application in writing in accordance with the prescribed form may be made, by or on behalf of the complainant, to a court in Queensland that would have had jurisdiction to make an order under section 31 in relation to the Queensland order had the Queensland order not been made enforceable in that reciprocating country for an order varying or (if the order has been suspended) reviving the Queensland order, and that court has jurisdiction to hear and determine the application.
The applicant shall cause notice of an application under this section to be served upon the collector personally or by post not less than 14 days before the hearing of the application.
The court shall, as far as practicable, hear and determine an application under this section as if it were a similar application under part 2 , division 4 .
(sec.92-ssec.1) Where an overseas order is enforceable in Queensland by virtue of this division an application in writing in accordance with the prescribed form may be made by or on behalf of the defendant to the court for the place in Queensland where payments under the order are required to be made for an order discharging, suspending, or varying the overseas order, and that court has jurisdiction to hear and determine the application.
(sec.92-ssec.2) Where a Queensland order made by a court of summary jurisdiction is enforceable under the law of a reciprocating country in which the defendant is for the time being resident, an application in writing in accordance with the prescribed form may be made, by or on behalf of the complainant, to a court in Queensland that would have had jurisdiction to make an order under section 31 in relation to the Queensland order had the Queensland order not been made enforceable in that reciprocating country for an order varying or (if the order has been suspended) reviving the Queensland order, and that court has jurisdiction to hear and determine the application.
(sec.92-ssec.3) The applicant shall cause notice of an application under this section to be served upon the collector personally or by post not less than 14 days before the hearing of the application.
(sec.92-ssec.4) The court shall, as far as practicable, hear and determine an application under this section as if it were a similar application under part 2 , division 4 .