Document ID: chunk:federal_register_of_legislation:C2004A05014:section:6:p38
Version: federal_register_of_legislation:C2004A05014
Segment Type: section
Provision Reference: s 6 (pt 38/86)
Character Range: 148931–151514

a child maintenance order in relation to a child:

(a) the court considers that the child is in immediate need of financial assistance; but

    (b) it is not practicable in the circumstances to determine immediately what order (if any) should be made;

the court may order the payment, pending the disposal of the proceedings, of such periodic or other amount as the court considers appropriate.

Specification in orders of payments etc. for child maintenance purposes

"66R.(1) If:

    (a) a court makes an order under this Act (whether or not the order is made in proceedings in relation to the maintenance of a child, is made by consent or varies an earlier order) that has the effect of requiring:

  (i) payment of a lump sum, whether in one amount or by instalments; or

  (ii) the transfer or settlement of property; and

    (b) the purpose, or one of the purposes, of the payment, transfer or settlement is to make provision for the maintenance of a child or children;

the court must:

(c) express the order to be an order to which this section applies; and

(d) specify:

       (i) the child or children for whose maintenance provision is made by the payment, transfer or settlement; and

       (ii) the portion of the payment, or the value of the portion of the property, attributable to the provision of maintenance for the child or each child, as the case may be.

"(2) If:

(a) a court makes an order of a kind referred to in paragraph (l)(a); and

(b) the order:

  (i) is not expressed to be an order to which this section applies; or

       (ii) is expressed to be an order to which this section applies, but does not comply with paragraph (1)(d);

any payment, transfer or settlement of a kind referred to in paragraph (1)(a), that the order has the effect of requiring, is to be taken not to make provision for the maintenance of a child.

Modification of child maintenance orders

"66S.(1) This section applies if:

    (a) there is in force an order (the 'first order'), for the maintenance of a child (whether or not made under this Act and whether made before or after the commencement of this section):

  (i) made by a court; or

  (ii) registered in a court under the Rules of Court; and

   (b) a person (being someone who could apply for a child maintenance order in relation to the child) applies to the court for an order under this section in relation to the first order.

"(2) The court may, by order:

(a) discharge the first order if there is just cause for so doing; or

   (b) suspend its operation wholly or in part and either until further