Document ID: chunk:federal_register_of_legislation:C2024C00859:section:83:p1
Version: federal_register_of_legislation:C2024C00859
Segment Type: section
Provision Reference: s 83 (pt 1/2)
Character Range: 521771–524300

83  Modification of spousal maintenance orders
 (1) If there is in force an order (whether made before or after the commencement of this Act) with respect to the maintenance of a party to a marriage:
 (a) made by the court; or
 (b) made by another court and registered in the first‑mentioned court in accordance with the applicable Rules of Court;
the court may, subject to section 111AA:
 (c) discharge the order if there is any just cause for so doing;
 (d) suspend its operation wholly or in part and either until further order or until a fixed time or the happening of some future event;
 (e) revive wholly or in part an order suspended under paragraph (d); or
 (f) subject to subsection (2), vary the order so as to increase or decrease any amount ordered to be paid or in any other manner.
 (1A) The court's jurisdiction under subsection (1) may be exercised:
 (a) in any case—in proceedings with respect to the maintenance of a party to the marriage; or
 (b) if there is a bankrupt party to the marriage—on the application of the bankruptcy trustee; or
 (c) if a party to the marriage is a debtor subject to a personal insolvency agreement—on the application of the trustee of the agreement.
 (2) The court shall not make an order increasing or decreasing an amount ordered to be paid by an order unless it is satisfied:
 (a) that, since the order was made or last varied:
 (i) the circumstances of a person for whose benefit the order was made have so changed (including the person entering into a stable and continuing de facto relationship);
 (ii) the circumstances of the person liable to make payments under the order have so changed; or
 (iii) in the case of an order that operates in favour of, or is binding on, a legal personal representative—the circumstances of the estate are such;
  as to justify its so doing;
 (b) that, since the order was made, or last varied, the cost of living has changed to such an extent as to justify its so doing;
 (ba) in a case where the order was made by consent—that the amount ordered to be paid is not proper or adequate;
 (c) that material facts were withheld from the court that made the order or from a court that varied the order or material evidence previously given before such a court was false.
 (3) Subsection (2) does not prevent the court from making an order varying an order made before the date of commencement of this Act if the first‑mentioned order is made for the purpose of giving effect to this Part.
 (4) In satisfying itself for the purposes of paragraph