Commonwealth Consolidated Regulations

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FAMILY LAW REGULATIONS 1984 - REG 34

Cancellation of registration of overseas maintenance agreements

             (1)  Where:

                     (a)  an overseas maintenance agreement is registered under these Regulations; and

                     (b)  the court in which the agreement is registered receives a request in writing from:

                              (i)  the parties to the agreement; or

                             (ii)  the court or other authority in the prescribed overseas jurisdiction an officer of which signed the certificate for the agreement mentioned in paragraph 33(2)(b) as in force before 1 July 2000;

                            that the agreement be no longer enforceable in Australia;

the first-mentioned court shall direct its relevant Registrar to cancel the registration of the agreement by noting the fact and date of cancellation on the certified copy of the agreement filed in the court.

             (2)  Upon the cancellation of the registration of an overseas maintenance agreement under subregulation (1), the agreement ceases to be enforceable in Australia.

             (3)  Where the relevant Registrar of a court cancels the registration of an overseas maintenance agreement in pursuance of a request in writing having been received from a court or authority referred to in subparagraph(1)(b)(ii), the relevant Registrar shall cause notice in writing of the fact that the registration has been cancelled, and of the date of the cancellation, to be given to the person who was required to make payments under the agreement.

             (4)  In this regulation:

"registered" means registered before 1 July 2000.



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