Commonwealth Consolidated Regulations

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FAMILY LAW REGULATIONS 1984 - REG 28C

Dealing with United States petitions

             (1)  This regulation applies if:

                     (a)  a petition is filed in a court in a State or Territory of the United States of America seeking a support order against a person claimed in the petition to have a duty of support; and

                     (b)  that court gives a certificate to the effect that the petition sets out facts from which it may be determined that the person owes a duty of support; and

                     (c)  the Secretary has received certified copies of the petition and the certificate, together with a copy of the provisions of the law of the State or Territory to which the petition and certificate relate; and

                     (d)  there are reasonable grounds for believing that the person is ordinarily resident in, present in, or proceeding to, Australia.

             (2)  The Secretary must make an application calling on the person claimed in the petition to owe a duty of support to show cause why an order in the same terms as the order sought in the petition should not be made.

Note:          For application , see regulation 3.

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

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

             (4)  In this regulation, a reference to a duty of support is a reference to a duty of support within the meaning of the law under which the relevant petition is filed in a State or Territory of the United States of America.



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