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PROPERTY (RELATIONSHIPS) ACT 1984 - SECT 35
Variation etc of orders for periodic maintenance
35 Variation etc of orders for periodic maintenance
(1) On an application by a party to a domestic relationship in respect of whom
an order has been made under this Part for periodic maintenance, a court may--
(a) subject to subsection (2), discharge the order,
(b) suspend the operation
of the order wholly or in part and either until further order or until a fixed
time or the happening of some future event,
(c) revive wholly or in part the
operation of an order suspended under paragraph (b), or
(d) subject to
subsection (2), vary the order so as to increase or decrease any amount
directed to be paid by the order or in any other manner.
(2) A court shall
not make an order discharging, increasing or decreasing an amount directed to
be paid by an order unless it is satisfied that, since the order was made, or
last varied-- (a) the circumstances of the party to the relationship in whose
favour the order was made have so changed,
(b) the circumstances of the party
to the relationship against whom the order was made have so changed, or
(c)
the cost of living has changed to such an extent,
as to justify its so doing.
(3) In satisfying itself for the purposes of subsection (2) (c), a court shall
have regard to any changes that, during the relevant period, have occurred--
(a) except as provided by paragraph (b), in the Consumer Price Index (All
Groups Index) issued by the Australian Statistician, or
(b) where a group of
numbers or of amounts, other than those set out in the Index referred to in
paragraph (a) (being a group of numbers or of amounts which relate to the
price of goods and services, and which is issued by the Australian
Statistician) is prescribed for the purposes of this paragraph--in the group
of numbers or of amounts so prescribed.
(4) A court shall not, in considering
the variation of an order, have regard to a change in the cost of living
unless at least 12 months have elapsed since the order was made, or last
varied having regard to a change in the cost of living.
(5) An order
decreasing the amount of a periodic sum payable under an order may be
expressed to be retrospective to such date as the court thinks fit.
(6) For
the purposes of this section, a court shall have regard to the provisions of
sections 26 and 27.
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