Document ID: chunk:federal_register_of_legislation:F2024L01638:reg:120
Version: federal_register_of_legislation:F2024L01638
Segment Type: reg
Provision Reference: reg 120
Character Range: 155900–156915

120  Determination of application made in absence of party
 (1) This section applies to an application that is made under subsection 119(2) if:
 (a) the applicant is the person against whom a maintenance order mentioned in paragraph 119(1)(a) was made or the person who is liable to make payments because of a liability mentioned in paragraph 119(1)(c) or (d); and
 (b) the applicant:
 (i) did not have notice of the proceedings giving rise to the order or liability; and
 (ii) did not appear in those proceedings; and
 (iii) 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) In proceedings with respect to the application, it is open to the applicant to 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.