Commonwealth Consolidated Regulations

FAMILY LAW REGULATIONS 1984 - REG 28

  (1)   This regulation applies if:

  (a)   a maintenance order has been made in a reciprocating jurisdiction; and

  (b)   the order has no effect under the law of that jurisdiction unless and until it is confirmed by a court outside that jurisdiction; and

  (c)   the Secretary has received:

  (i)   a certified copy of the order; and

  (ii)   a copy of the depositions of the witnesses in the proceedings in which the order was made; and

  (iii)   a statement of the grounds on which the order could have been opposed if the person against whom the order was sought (the respondent ) had appeared at the hearing; and

  (d)   there are reasonable grounds for believing that:

  (i)   the respondent is ordinarily resident in, is present in, or is proceeding to, Australia; and

  (ii)   the order will have effect under the law of the overseas jurisdiction if it is confirmed by a court having jurisdiction under the Act.

  (2)   The Secretary must make an application calling upon the respondent to show cause why that order should not be confirmed.

Note:   For application , see regulation   3.

  (3)   The Secretary must serve a copy of the application on the respondent.

Note:   Service is dealt with by the applicable Rules of Court.