Document ID: chunk:federal_register_of_legislation:F2024C00687:reg:28
Version: federal_register_of_legislation:F2024C00687
Segment Type: reg
Provision Reference: reg 28
Character Range: 93660–94912

28  Dealing with provisional overseas maintenance orders
 (1) This regulation applies if:
 (a) a maintenance order has been made in a reciprocating jurisdiction; and
 (b) the order has no effect under the law of that jurisdiction unless and until it is confirmed by a court outside that jurisdiction; and
 (c) the Secretary has received:
 (i) a certified copy of the order; and
 (ii) a copy of the depositions of the witnesses in the proceedings in which the order was made; and
 (iii) a statement of the grounds on which the order could have been opposed if the person against whom the order was sought (the respondent) had appeared at the hearing; and
 (d) there are reasonable grounds for believing that:
 (i) the respondent is ordinarily resident in, is present in, or is proceeding to, Australia; and
 (ii) the order will have effect under the law of the overseas jurisdiction if it is confirmed by a court having jurisdiction under the Act.
 (2) The Secretary must make an application calling upon the respondent to show cause why that order should not be confirmed.
Note: For application, see regulation 3.
 (3) The Secretary must serve a copy of the application on the respondent.
Note: Service is dealt with by the applicable Rules of Court.