Maintenance Orders (Facilities for Enforcement) Act of 1921 (12 Geo v No. 24) (Qld)

MARRIAGE. 12GEo.V. No. 24, 1921. Maintenance Orders (Facilities for Enforcement). MARRIAGE. An Act to Facilitate the Enforcement in Queensland 12 Geo. V. No. 24. of Maintenance Orders made in England and THE Ireland and other parts of His Majesty's MAAINNCTEEN- Dominions and Protectorates, and vice versa. (FA O C R I D L E IT R I S ES ~ FOR [ASSENTED TO 11 TH NOVEMBER, 1921.] ENFORCE- MENT) ACT B E it enacted by the King's Most Excellent Majesty, OF 1921. by and with the advice and consent of the Legis- lative CowlCil and Legislative Assembly of Queensland in Parliament assembled, ana by the authority of the same, as follows:- 1. This Act may be cited as "The Maintenance Short title. Orders (Facilities for Enforcement) Act of 1921." 2. In this Act, unless the context otherwise indicates, Interprets.- the following terms have the meanings respectively tion. assigned to them, that is to say : - b~ o~ l!. 33, s. 10. ":v.Iaintenance order"-An order (other than an Mainten- order of affiliation) for the periodical payment anee order. of sums of money towards the maintenance of the wife or other dependants of the person against whom the order is made; t< Dependants"-Such persons as a person against Dependants. whom a maintenance order is made is liable to maintain, according to the law in force in the part of His Majestis dominions in which the order is made ; a Certified copy" in relation to an order of a court Certified -A copy of the order certified by the proper copy. officer of the court to be a true copy ; " Prescribed "-Prescribed by rules of court; Prescribed. "Governor" includes an Administrator, Commis- Governor•• sioner, Resident, or other officer representing His Majesty in any British protectorate; " 'Reciprocating State"-Any part of His Majesty's Reeipro- Dominions outside the United Kingdom to eating State which the Imperial Act intituled ~ " The Main- tenance Orders (Facilities for Enforcement) • 10 & 11 Geo. 5 e. 33, infra, page 9831. . H

9746 . MARRIAGE. Maintenance Orders (Facilities for Enforcement). 12 GEO. V. No. 24, Act, 1920," extends, and which has heen declared to be a reciprocating State for the purposes of this Act b)T the G0vernor in Council, by Order in Council published in the. Gazette. ' Enforcement 3. (l.) Where a maintenance order has, whether l in anQduoefens- before or after the passing of this Act, been made against mainten- any person by any court in England or Ireland or in manacdeeorders any reciprocating State, and a certified copy of the elsewhere. order has been tram~ niitted by the Secretary of State G10eo & .5II for the Colonies or by the Governor of the reciprocating c. 33, s. 1. State, as the case may be, to the Governor, the Governor shall send a copy of the order to the prescribed officer of a court in Queensland for registration; and on receipt thereof the order shall be registered in the prescribed manner, and shall, from the date of such registration~ be of the same force and effect, and, subject. to the pro- visions of this Act, all pl'oceedingsmay be taken on such order as if it had been an order originally obtained in the court in which it is so regist~ red, and that court shall have power to enforce the. order accordingly. (2.) The court in which an order is to be so regis- tered as aforesaid shall, if the court by which the order was made was a court of superior jurisdiction, be the Supreme Court, and, if the court was not a court of superior jurisdiction, be a court of petty sessions.. '.rransmis- 4. Where a court in Queensland has, whether !~ in~ ! n- before or after the passing of this Act, made a mainten- ance orders ance order against any person, and it is proved to that Q'ade i~ d court that the person against whom the order was made Ib~ e: . n2. an . is resident in England or Ireland or in a reciprocating State, the court shall send to the Governor, for trans- mission to the Secretary of State for the Colonies or to the Governor of that reciprocating State as the case may be, a certified copy of the order. Power to. 5. (l.) Where an application is made to a court of ; ~ ~ ~ sio~ al petty sessions in Queensland for a maintenance order ord~rs of against any person, and it is proved that that person is : a: ~ t: ; ~ inst resident in Engla~ d or Ireland or in a reciprocating State, pe~ 30ns the court may, III the absence of that person, if after ~ ~ ~ ~ : t hear~ ng .the evidence it is satisfied o~ th~ justice of the Queensland. applIcatIOn, make any such order as It mIght have made lb. s. 3. if a summons had been duly served on that person and

MARRIAGE. 1921. Maintenance Order8 (Facilitie8 for Enforcement). he had failed to appear at the hearing, but in such case the order shall be provisional only, and shall have no effect unless and until confirmed by a competent court in England or Ireland or in such reciprocating State as aforesaid. (2.) The evidence of any witness who is examined on any such application shall be put into writing, and such deposition shall be read over to and signed by him. (3.) Where such an order is made, the court shall send to the Governor, for transmission to the Secretary of State for the Colonies in a case where the person against whom the order is made is alleged to reside in England or Ireland, or to the Governor of the reciprocating State in which the person against whom the order is made is alleged to reside, the depositions so taken and a certified copy of the order, together with a statement of the grounds on which the making of the order might have been opposed if the person against whom the order is made had been duly served with a summons and had appeared at the hearing, .and such information as the court possesses for facilitating the identification of that person and ascertaining his whereabouts. (4.) Where any such provisional order has come before a court in England or Ireland or in a reciprocating State, as the case may be, for confirmation, and the order has by that court been remitted to the court of petty sessions which made the order for the purpose of taking further evidence, that court or any other court of petty sessions sitting and acting for the same place shall, after giving the prescribed notice, proceed to take the evidence in like manner and subject to the like conditions as the evidence in support of the original application. If upon the hearing of such evidence it appears to the court that the order ought not to have been made, the court may rescind the order, but in any other case the deposition\, shall be sent to the Governor and dealt with in like manner as the original depositions. (5.) The ('onfirmation of an order made under this section shall not affect any power of a court of petty sessions to vary or rescind that order: Provided that on the making of a varying or rescinding order the court shall send a certified copy thereof to the Governor for 9747

9748 MARRIAGE. Maintenance Order8 (Facilitie8 for' Enforcement). 12 GEO. V. No. 24, transmission to the Secretary of State for the Colonies or to the Governor of the reciprocating State, as the case may be, in which the original order was confirmed, and that in the case of an order varying the original order the order shall not have any effect unless and until confirmed in like manner as the original order. . (6.) The applicant shall have the same right of appeal, if any, against a refusal to make a provisional order as such person would have had against a refusal to make the order had a summons been duly served on the person against whom the order is sought to be made. Power of 6. (1.) Where a maintenance order has been made cpoeuttryt of by a court in England or Ireland or in a reciprocating sessions to State, and the order is provisional only and has no effect :a:: con? ~ unless and until confirmed by a court of petty sessions :::ier in Queensland, and a certified copy of the order, together Q: ~: n~ ~ ~ ~ : with the deposi~ ions of witnesse~ and a statement of the 10 & II grounds on whICh the order mIght have been opposed, Ge~3 5 4, has been transmitted to the Governor, and it appears c. ,B.. to the Governor that the person against whom the order was made is resident in Queensland, the Governor may send the said documents to the prescribed officer of a. court of petty sessions, with a requisition that a summons - be issued calling upon the person to show cause why that order should not be confirmed, and upon receipt of such documents and requisition the court shall issue such a summons and cause it to be served upon such person. (2.) A summons so issued may be served in Queens- land in the same manner as if it had been originally issued· or subsequently endorsed by- a court of petty sessions having jurisdiction in the place where the person happens to be, or, if such maimer proves not to be effective, in such ma,nner as may be prescribed. (3.) At the hearing it shall be open to the person on whom the summons was served to raise any defence which he might have raised in the original proceeding had he been a party thereto, but no other defence, and the certificate from the court whieh made the provisional order stating the grounds on which the making of the order might have been opposed if the person against whom the order was made had been a party to the proceedings shall be conclusive· evidence that those grounds are grounds on which objection may be taken.

MARRIAGE. 9749 1921. Maintenance Orders (FaciWies for Enforcement). (4.) If at the hearing the person served with the summons does not appear or, on appearing, fails to satisfy the court that the order ought not to be confirmed, the court may confirm the order either without modifica- tion or with such modifications as to the court after hearing the evidence may seem just. (5.) If the person against whom the. summons was issued appears at the hearing and satisfies the court that for the purpose of any defence it is necessary to remit the case to the court which made the provisional order for the taking of any further evidence, the court may so remit the case and adjourn the proceedings for the purpose. (6.) Where a provisional order has been confirmed under this section, it may be varied or rescinded in like manner as if it had originally been made by the confirming court, and where on an application for rescission or varia- tion the court is satisfied that it is necessary to remit the case to the court which made the order for the purpose of taking any further evidence, the court may so remit the case and adjourn the proceedings for the, purpose. (7.) Where an order has been so confirmed, the person bound thereby shall have the same right of appeal, if any, against the confirmation of the order as he ,vould have had against the making of the order had the order been an order made by the court confirming the order. 7. The Governor in Council may make regulations as Power to to the • manner in which a case • ca . n be remitted by a court m re a g k u e] a t l ' ons authoI'lsed to confirm a prOVIsIonal order to the court for which made the provisional order and generally for facilitati~g facilitating communications between'such courts." ~ ~ ~ : ' ~ ' _ between courts. 10&11 Geo.5 c. 33, s. 5. 8. (1.) A court in which an order has been registered Mode of under this Act or by which an order has been confirmed enXorcin g under this Act, and the officers of such court, shall take a1l1~ . ~ ~ s6. such steps for enforcing the order as may be prescribed. (2.) Every such order shall be enforceable in like manner as if the order were for the payment of a civil debt recoverable summarily: Provided that, if the order is of such a nature that if made by the court in which it is so registered, 01' by

9750 MARRIAGE. Maintenance Orders (Facilitiesj'or Enforcement). 12GEo. V. No. 24,1921. which it is so confirmed, it would be enforceable in like manner as an order of affiliation, the order shall be so enforceable. (3.) A warrant of distress or commitment issued by a court for the purpose of enforcing any order so registered or confirmed may be executed in any part of Queensland in the same manner as if the warrant had been originally issued or subsequently endorsed by a court having juris- diction in the place where the warrant is executed. AppJication of Justices 9. *" The Justices Acts, 1886 to 1909," shall apply Acts. to proceedings before courts of petty sessions under this G10e&o.5II Act in like manner as they apply to proceedings under c. 33, s. 7 those Acts. Proof of documents signed by officers of court. lb. s. 8. 10. Any document purporting to be signed by a judge or officer of a court in England or Ireland or in a reciprocating State shall, until the contrary is proved, be deemed to have been so signed without proof of the signature or judicial or official character of the person appearing to have signed it, and the officer of a court by whom ~ document is signed shall, until the contrary is proved, be deemed to have been the proper officer of the court to sign the document. Depositions 11. Depositions taken in a court in England or etovidbeence. Ireland or in a reciprocating State, for the purposes of lb. s. 9. this Act, may be received in evidence in proceedings before any court under this Act. Reciprocal arrange- ments. lb. s. 12. 12. (1.) Where the Governor in Council is satisfied that reciprocal provisions have been made by the Legis- lature of any part of His Majesty's dominions outside the United Kingdom for the enforcement within that part of maintenance orders made by courts within Queens- land, the Governor in Council may by Order in Council declare such part to be a reciprocating State for the purposes of this Act. (2.) In any proceeding under this Act, the fact that any part of His Majesty's dominions outside the United Kingdom is a reciprocating State shall be judicially noticed. * 50 Vie. No. 17 and amending Acts, supra, pages 1132 et seq. •