Document ID: chunk:federal_register_of_legislation:C2024C00859:section:87:p4
Version: federal_register_of_legislation:C2024C00859
Segment Type: section
Provision Reference: s 87 (pt 4/4)
Character Range: 537293–539462

a court in which the approved maintenance agreement is registered or deemed to be registered, the court:
 (a) subject to paragraph (b), has the same powers, may grant the same remedies and shall have the same regard to the rights of third parties as the High Court has, may grant and is required to have in proceedings in connection with contracts or purported contracts, being proceedings in which the High Court has original jurisdiction;
 (b) has power to make an order for the payment, by a party to the agreement to another party to the agreement, of interest on an amount payable pursuant to the agreement, from the time when the amount became or becomes due and payable, at a rate not exceeding the rate prescribed by the Rules of the Court; and
 (c) in addition to, or instead of, making an order or orders pursuant to paragraph (a) or (b), may order that the agreement, or a specified part of the agreement, be enforced as if it were an order of the court.
 (12) Where the approval of a maintenance agreement under this section has been revoked, a court shall, in considering whether, and if so, how, to exercise any powers under this Part, have regard to:
 (a) anything done or omitted to be done by a party to the agreement pursuant to the agreement;
 (b) any change in the circumstances of a party to the agreement arising out of the doing of any act by a person, or the failure of a person to do an act, pursuant to the agreement;
 (c) any order made by that court or another court exercising jurisdiction under this Act in connection with the agreement while the agreement was in force; and
 (d) any order made under paragraph (9)(b) in connection with the revocation of the approval of the agreement.
 (15) In this section, approved maintenance agreement means a maintenance agreement that has been approved under this section and the approval of which has not been revoked.
 (16) Nothing in this Act affects the operation of an agreement sanctioned under paragraph 87(1)(k) of the repealed Act or the rights and obligations of a person under such an agreement.
 (17) Subject to section 89, this section does not apply to overseas maintenance agreements.