13Matters to be satisfied before recording order as judgment

13 Matters to be satisfied before recording order as judgment

13 Matters to be satisfied before recording order as judgment

(1) A registrar of the Local Court may, on application, record as a judgment of the Local Court a periodic maintenance order for which a certificate under section 11 has been issued.

(2) An application to record a periodic maintenance order as a judgment of the Local Court must be accompanied by—

(a) for an application in relation to an order in which the registrar is specified as the person to whom the maintenance payment must be made—

(i) a certificate under section 11, and

(ii) a recent certificate under section 12, or

(b) otherwise—

(i) a certificate under section 11, and

(ii) a recent certificate under section 12, and

(iii) an affidavit in support of the matters referred to in subsection (4).

(3) A certificate under section 12 is a recent certificate if the date specified in the certificate as the date as at which the amounts under the order have been paid, or remain unpaid, is no more than 10 days before the date of the application to which the certificate relates.

(4) A registrar of the Local Court may record a periodic maintenance order as a judgment of the Local Court if satisfied—

(a) that either—

(i) a copy of the order has been served on the person required to make payments under the order, or

(ii) service of a copy of the order on the person has been dispensed with by the Local Court, and

(b) that the order has not been complied with for at least 14 days.