QLDIn ForceAct
Maintenance Act 1965
sec.93Variations etc. in Queensland of overseas order made in absence of defendant
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### sec.93 Variations etc. in Queensland of overseas order made in absence of defendant
Where—
an application is made under section 92 by a defendant for the discharge, suspension or variation of an overseas order; and
the defendant neither appeared at the hearing of the complaint upon which the original overseas order was made nor was served personally in the country 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 overseas 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 had the proceedings on which the overseas order was made been heard in Queensland.
s 93 amd 2010 No. 42 s 214 sch
- (a) an application is made under section 92 by a defendant for the discharge, suspension or variation of an overseas order; and
- (b) the defendant neither appeared at the hearing of the complaint upon which the original overseas order was made nor was served personally in the country 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 overseas order in Queensland, or within such further period of time as the court may, in a particular case, allow;