Victorian Current Acts

MAINTENANCE ACT 1965

TABLE OF PROVISIONS

           Long Title

   PART I--PRELIMINARY

   1.      Short title and commencement  
   2.      Repeal and saving  
   3.      Definitions  

   PART II--MAINTENANCE ORDERS

           Division 1--Jurisdiction and powers of Magistrates' Court

   4.      General jurisdiction in respect of maintenance and other orders  
   5.      Means of support and matters affecting amount of orders  
   6.      Court may make order against husband for support of wife  
   9.      Court may order wife to support husband  
   16.     Further order for payment of medical and like expenses  

           Division 2--Ancillary and interim orders

   18.     Orders directing payment of nominal sum only  
   20.     Interim orders for payment of maintenance  

           Division 3--General

   23.     Orders for support may include limited provision for past maintenance  
   24.     Duration of order for support of wife or husband  
   25.     Recovery of arrears after cessation of order  
   26.     Constructive desertion by conduct  
   27.     Evidence of mother or defendant as to paternity of child  
   28.     Proof of marriage  

           Division 4--Discharge, suspension and variation of orders

   29.     Power to court to discharge suspend or vary order  
   30.     Effect of suspension of order  

           Division 5--Revival of orders

   32.     Power to court to revive suspended order  

   PART III--PROCEDURAL

   33.     Making of complaints and issue of summons  
   34.     Manner of making applications  
   35.     Orders may direct mode of payment  
   36.     Further orders  
   37.     Application of Magistrates' Court Act 1989  
   38.     Power to court to proceed in absence of defendant in certain cases  
   39.     Setting aside order made in the absence of the defendant  

   PART IV--ENFORCEMENT OF ORDERS

           Division 1--Orders made in Victoria

   40.     Orders for seizure of goods, chattels, securities, rents etc.  
   41.     Registration of arrears in Supreme Court or County Court  
   42.     Attachment of debts  
   43.     Court may commit defendant to prison  
   44.     Court not to commit to prison in certain cases  
   45.     Court may order mode of payment  
   45A.    Governor may order discharge of defaulter  
   46.     Definitions  
   47.     Attachment of earnings order  
   48.     Employer to make payments under order  
   49.     Attachment of earnings order instead of other order  
   50.     Discharge of variation of order  
   51.     Cessation of attachment of earnings order  
   52.     Compliance with order  
   53.     Where two or more orders are in force  
   54.     Notice to defendant of payments made  
   55.     Determination as to what payments are earnings  
   56.     Service  
   57.     Offence and defence  
   58.     Dismissal of an employee  
   59.     Reimbursement of wages and reinstatement  
   60.     Application of Subdivision  
   61.     Payments by Crown etc.  
   62.     Provision where defendant supported wife husband or child during any period  
   63.     Court may require defendant to state his employer etc.  
   64.     Duties of clerk of Magistrates' Court in relation to orders  
   67.     Recovery of penalties  

           Division 2--Reciprocal enforcement of orders

   68.     Definitions  
   69.     Collectors of Maintenance  
   70.     Powers and duties of Collector  
   71.     Protection of Collector etc.  
   72.     Enforcement of Victorian orders in other States  
   73.     Enforcement of orders made in other Australian States  
   74.     Collector to notify original State when defendant leaves Victoria  
   75.     Application for provisional order of variation etc.  
   76.     Discharge, suspension or variation of order made in absence of defendant  
   77.     Law to be applied  
   78.     Order of variation etc. to be provisional only  
   79.     Remittance of provisional order by court of other Australian States  
   80.     Confirmation of provisional orders made in other Australian States  
   81.     Proceedings or enforcement  
   82.     Enforcement of maintenance orders in reciprocating countries  
   83.     Provisional order against person resident in reciprocating country  
   84.     Cancellation of registration  
   85.     Registration of overseas orders  
   86.     Confirmation of provisional orders made overseas  
   87.     Order enforceable in Victoria may be sent to another Australian State  
   88.     Registration of overseas orders registered or confirmed in another Australian State  
   89.     Transmission of documents where defendant not in Victoria  
   90.     Cancellation of registration  
   91.     Proceedings for enforcement  
   92.     Defendant in Victoria may apply for order of variation etc.  
   93.     Discharge, suspension or variation of order made in absence of defendant  
   94.     Law to be applied  
   95.     Certain orders to be provisional only  
   96.     Remittance of provisional order by court in reciprocating country  
   97.     Confirmation of provisional orders of variation etc. made in reciprocating countries  
   98.     Governor in Council to declare reciprocating countries  
   99.     Payments to be made to Collector  
   100.    Collector to notify changes in orders enforceable outside Victoria  
   101.    Collector to note changes in orders made or enforceable in Victoria  
   102.    Conversion of currency  
   103.    Translation of orders, records etc.  
   104.    Certificate of payment of arrears  
   105.    Evidentiary  
   106.    Service of documents  

   PART V--APPEALS

   107.    Notice of appeal and application of appeal provisions of the Magistrates' Court Act 1989  

   PART VI--MISCELLANEOUS

   108.    Application of Magistrates' Court Act 1989  
   109.    Evidence of earnings  
   110.    Payments under orders  
           ENDNOTES