52Variation of order for periodic maintenance

### 52 Variation of order for periodic maintenance > > (1)  On an application by a partner in respect of whom an order has been made for periodic maintenance, a court may – > > > > > > (a) subject to [subsection (2)](#GS52@Gs2@EN) , discharge the order; or > > > > > > > (b) suspend the operation of the order wholly or in part until – > > > > > > > > > > (i) a further order; or > > > > > > > > > > > (ii) a fixed time; or > > > > > > > > > > > (iii) the happening of a future event; or > > > > > > > (c) revive wholly or in part the operation of an order suspended under [paragraph (b)](#GS52@Gs1@Hpb@EN) ; or > > > > > > > (d) subject to [subsection (2)](#GS52@Gs2@EN) , vary the terms of the order. > > > (2)  A court is not to make an order discharging an order or increasing or decreasing an amount payable under an order unless satisfied that it is justifiable to do so because, since the order was made or last varied – > > > > > > (a) the circumstances of the partner in whose favour the order was made have changed; or > > > > > > > (b) the circumstances of the partner against whom the order was made have changed; or > > > > > > > (c) the cost of living has changed. > > > (3)  In satisfying itself for the purposes of [subsection (2)(c)](#GS52@Gs2@Hpc@EN) , a court is to have regard to any changes occurring during the relevant period in – > > > > > > (a) the Consumer Price Index (All Groups Index) issued by the Australian Statistician; or > > > > > > > (b) a group of prescribed numbers or prescribed amounts relating to the price of goods and services issued by the Australian Statistician, other than those set out in the Index referred to in [paragraph (a)](#GS52@Gs3@Hpa@EN) . > > > (4)  A court, in considering the variation of an order, is not to have regard to a change in the cost of living unless at least 12 months have elapsed since the order was made or last varied. > > > (5)  An order increasing or decreasing the amount of a periodic sum payable under an order may be expressed to be retrospective to any date the court thinks fit. > > > (6)  For the purposes of this section, a court is to have regard to the provisions of [sections 46](#GS46@EN) and [47](#GS47@EN) .