Commonwealth Consolidated Regulations

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Discharge etc of overseas maintenance order or liability made in absence of party

             (1)  This regulation applies to an application that is made under subregulation 36(1) if:

                     (a)  the applicant is the person against whom an overseas maintenance order was made or the person who is liable to make payments because of a liability mentioned in paragraph 36(1)(b); and

                     (b)  the applicant did not have notice of the proceedings giving rise to the order or liability, did not appear in those proceedings and did not consent to the making of the order or to the creation of the liability; and

                     (c)  the application is made within 6 months after the applicant was given notice that the order or liability is enforceable in Australia.

             (2)  On the hearing of the application, the applicant may raise any matter that the applicant could have raised under Part VII or VIII of the Act if the proceedings giving rise to the order or to the liability had been heard in Australia.

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