Attorney General's Department and Lowman and Anor

The Attorney-General's Department brought proceedings concerning an overseas maintenance order made in New Zealand. The dispute involved the confirmation of a provisional maintenance order and the calculation of arrears and future child maintenance payments. The matter was heard by Judge Harland.

The court was required to determine whether to confirm a provisional maintenance order made in New Zealand, pursuant to regulation 39(4) of the *Family Law Regulations 1984* (Cth). Further issues included the remission of arrears relating to a prior Australian Local Court order and the calculation of child maintenance, taking into account specific periods of care arrangements in New Zealand.

Judge Harland reasoned that the New Zealand order should be confirmed, albeit with modifications. The court applied the principles of regulation 39 of the *Family Law Regulations 1984* to assess the overseas order. The judge ordered the confirmation of the provisional maintenance order with modifications, remitted all arrears from the 1998 Local Court order that arose from a specific implementation of a prior order, and ordered Mr Oden to pay a specified sum for child maintenance, with the calculation to reflect the father's primary care of the child during a defined period. No order was made as to costs.