Commonwealth Consolidated Regulations

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FAMILY LAW REGULATIONS 1984 - REG 28A

Hearings about applications about provisional overseas maintenance orders

             (1)  This regulation explains what may happen on the hearing of an application under subregulation 28(2).

             (2)  It is open to the respondent to raise any ground of opposition that the respondent could have raised in the original proceedings or any ground of opposition that the respondent could have raised if the proceedings leading to the making of the provisional overseas order had been heard in Australia.

             (3)  The statement mentioned in subparagraph 28(1)(c)(iii) is conclusive evidence of the grounds of opposition that could have been raised in the original proceedings.

             (4)  A court must not determine the application if an application could properly be made at that time, under the Child Support (Assessment) Act 1989 , read with the Child Support (Registration and Collection) Act 1988 , for administrative assessment of child support (within the meaning of the Child Support (Assessment) Act 1989 ) by a person seeking payment of child support for the child from the respondent.

             (5)  Subregulation (4) has effect whether or not an application for administrative assessment of child support for the child has in fact been made.

             (6)  The court may:

                     (a)  confirm the provisional order (either with or without modification); or

                     (b)  discharge the provisional order; or

                     (c)  adjourn the proceedings, and remit the provisional order to the court that made it with a request that that court take further evidence and further consider its provisional order.



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