QLDIn ForceAct
Maintenance Act 1965
sec.95Certain orders to be provisional only
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### sec.95 Certain orders to be provisional only
Where the court proposes to make an order on an application under section 92 and a court in the reciprocating country will, if the order is provisional only, have jurisdiction to confirm the order, the order shall be provisional only and shall have no effect unless and until confirmed (either with or without modification) by such a court, and shall be expressed accordingly.
Where a provisional order is made in accordance with this section, the clerk of the court shall send a certified copy of the provisional order, together with the depositions of the witnesses, to the collector who shall send the documents to an officer of the court in the reciprocating country having jurisdiction to confirm the provisional order.
Where a court in the reciprocating country confirms (whether with or without modification) a provisional order made on an application under section 92 , the order has effect in Queensland as so confirmed.
Notwithstanding anything contained in this section, if a provisional order made on an application under section 92 (2) is confirmed (whether with or without modification) by a court in a reciprocating country (not being the country specified in the order) in which the defendant is resident at the time of the confirmation, the order has effect in Queensland as so confirmed.
(sec.95-ssec.1) Where the court proposes to make an order on an application under section 92 and a court in the reciprocating country will, if the order is provisional only, have jurisdiction to confirm the order, the order shall be provisional only and shall have no effect unless and until confirmed (either with or without modification) by such a court, and shall be expressed accordingly.
(sec.95-ssec.2) Where a provisional order is made in accordance with this section, the clerk of the court shall send a certified copy of the provisional order, together with the depositions of the witnesses, to the collector who shall send the documents to an officer of the court in the reciprocating country having jurisdiction to confirm the provisional order.
(sec.95-ssec.3) Where a court in the reciprocating country confirms (whether with or without modification) a provisional order made on an application under section 92 , the order has effect in Queensland as so confirmed.
(sec.95-ssec.4) Notwithstanding anything contained in this section, if a provisional order made on an application under section 92 (2) is confirmed (whether with or without modification) by a court in a reciprocating country (not being the country specified in the order) in which the defendant is resident at the time of the confirmation, the order has effect in Queensland as so confirmed.