Commonwealth Consolidated Regulations

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Power to make provisional order against person in reciprocating jurisdiction

             (1)  If a court is satisfied that a respondent to an application for a maintenance order is resident in, or on the way to, a reciprocating jurisdiction, the court may make an order in the absence of the respondent.

             (2)  Subregulation (1) applies even if the respondent has not been served with the application and has not consented to the order.

             (3)  The court can make any order that it could have made under subregulation (1) if the application had been served on the respondent and the respondent had failed to appear at the hearing of the application.

             (4)  A court must not make an order under subregulation (1) 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)  An order under subregulation (1) is:

                     (a)  provisional; and

                     (b)  of no effect:

                              (i)  unless it is expressed to be provisional; and

                             (ii)  unless and until confirmed (either with or without modification) by a competent court in a reciprocating jurisdiction or a jurisdiction with restricted reciprocity in which the respondent is resident at the time of confirmation.

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