Document ID: chunk:federal_register_of_legislation:F2024C00687:schedule:3:p3
Version: federal_register_of_legislation:F2024C00687
Segment Type: schedule
Provision Reference: sch 3 (pt 3/6)
Character Range: 194859–197681

or registration proceedings or an action based upon the act transmitted under paragraph 1.
Article 6
FUNCTIONS OF THE RECEIVING AGENCY

 1. The Receiving Agency shall, subject always to the authority given by the claimant, take, on behalf of the claimant, all appropriate steps for the recovery of maintenance, including the settlement of the claim and, where necessary, the institution and prosecution of an action for maintenance and the execution of any order or other judicial act for the payment of maintenance.

 2. The Receiving Agency shall keep the Transmitting Agency currently informed. If it is unable to act, it shall inform the Transmitting Agency of its reasons and return the documents.

 3. Notwithstanding anything in this Convention, the law applicable in the determination of all questions arising in any such action or proceedings shall be the law of the State of the respondent, including its private international law.
Article 7
LETTERS OF REQUEST

 If Provision is made for letters of request in the laws of the two Contracting Parties concerned, the following rules shall apply:

     (a) A tribunal hearing an action for maintenance may address letters of request for further evidence, documentary or otherwise, either to the competent tribunal of the other Contracting Party or to any other authority or institution designated by the other Contracting Party in whose territory the request is to be executed.

     (b) In order that the parties may attend or be represented, the requested authority shall give notice of the date on which and the place at which the proceedings requested are to take place to the Receiving Agency and the Transmitting Agency concerned, and to the respondent.

     (c) Letters of request shall be executed with all convenient speed; in the event of such letters of request not being executed within four months from the receipt of the letters by the requested authority, the reasons for such non‑execution or for such delay shall be communicated to the requesting authority.

     (d) The execution of letters of request shall not give rise to reimbursement of fees or costs of any kind whatsoever.

     (e) Execution of letters of request may only be refused:

        (1) If the authenticity of the letters is not established;

        (2) If the Contracting Party in whose territory the letters are to be executed deems that its sovereignty or safety would be compromised thereby.
Article 8
VARIATION OF ORDERS

 The provisions of this Convention apply also to applications for the variation of maintenance orders.

Article 9
EXEMPTIONS AND FACILITIES

 1. In proceedings under this Convention, claimants shall be accorded equal treatment and the same exemptions in the payment of costs and charges as are given to residents or nationals of the State where the