MAINTENANCE ORDERS (FACILITIES FOR ENFORCEMENT) REGULATIONS

 [Consolidated as at 14 October 2004

 on the authority of the Administrator

 and in accordance with

 the Enactments Reprinting Act 1980]

TABLE OF PROVISIONS

Regulation

 1. Citation

 2. Definitions

 3. Reciprocating States

 4. Property authority

 5. Notification of registration of maintenance order

 6. Transmission of maintenance orders made under section 7 of the Act

 7. Endorsements on provisional orders made under section 8 of the Act

 8. Transmission of provisional orders made under section 8 of the Act

 9. Form of notice under subsection 8(5)

 10. Order confirming provisional order

 11. Remission of case for purpose of taking further evidence

 12. Notice to be given after further evidence has been taken

 13. Enforcement of orders

   Schedule 1

   Schedule 2

Maintenance Orders (Facilities for Enforcement) Regulations

Citation

 1. These Regulations may be cited as the Maintenance Orders (Facilities for Enforcement) Regulations.

Definitions

 2. In these Regulations  —

“the clerk of the court” means  —

(a) in relation to the Supreme Court - the Registrar of that Court; and

(b) in relation to the Court of Petty Sessions - the Clerk of that Court;

“the Act” means the Maintenance Orders (Facilities for Enforcement) Act 1960.

Reciprocating States

 3. Each State or Territory of the Commonwealth, each other country, and each part of a country, that is specified in the first column of Schedule 1 to these Regulations is a reciprocating State for the purposes of the Act.

Proper authority

 4. The person, officer or authority specified in the second column of Schedule 1 to these Regulations opposite to the name of a reciprocating State is the proper authority for that reciprocating State.

Notification of registration of maintenance order

 5. Where a maintenance order is registered in the appropriate court in accordance with section 6 of the Act, the officer in charge of the records of the court shall send to the Administrator, for transmission to the proper authority in the reciprocating State in which the order was made, a notice in accordance with Form 1 in Schedule 2 to these Regulations.

Transmission of maintenance orders made under section 7 of the Act

 6. A court in Norfolk Island shall send with the copy of a maintenance order sent to the Administrator under section 7 of the Act a notice in accordance with Form 2 in Schedule 2 to these Regulations.

Endorsements on provisional orders made under section 8 of the Act

 7. Where a provisional order is made by a court in Norfolk Island under section 8 of the Act, the formal title to the order of the court shall contain the word “Provisional”, and there shall be endorsed, at the foot of the order, the words “This order is provisional only and has no effect unless and until confirmed by a competent court in a country in which the defendant is proved to be resident.”.

Transmission of provisional orders made under section 8 of the Act

 8. A court in Norfolk Island shall send to the Administrator with the documents referred to in subsection (4) of section 8 of the Act, for transmission with those documents, a notice in accordance with Form 3 in Schedule 2 to these Regulations.

Form of notice under subsection 8(5)

 9. A notice under subsection (5) of section 8 of the Act shall be in accordance with Form 4 in Schedule 2 to these Regulations.

Order confirming provisional order

 10. (1) An order by the court under section 9 of the Act confirming either with or without modification, or refusing to confirm, a provisional maintenance order shall be in accordance with Form 5 in Schedule 2 to these Regulations.

  (2) A copy of an order referred to in subregulation (1) shall be sent by the court to the Administrator for transmission to the proper authority in the reciprocating State in which the provisional order was made.

Remission of case for purpose of taking further evidence

 11. Where a court in Norfolk Island is satisfied that it is necessary to remit a case to the court that made the provisional order for the purpose of taking further evidence and proposes so to remit the case under subsection (7) or (8) of section 9 of the Act, the court shall send the case to the Administrator for transmission to the proper authority in the reciprocating State in which the provisional order was made, together with  —

(a) a notice in accordance with Form 6 in Schedule 2 to these Regulations in which there shall be included a statement setting out the matters on which the further evidence is to be taken; and

(b) the depositions of the witnesses heard before the court in Norfolk Island.

Notice to be given after further evidence has been taken

 12.  Where  —

(a) a court in Norfolk Island has under subsection (7) or (8) of section 9 of the Act, remitted a case to the court that made a provisional order for the purpose of taking further evidence; and

(b) the depositions of the witnesses who gave the further evidence are received by the court in Norfolk Island,

the court shall fix a time and place for the further hearing of the case and shall cause a notice in accordance with Form 7 in Schedule 2 to these Regulations to be sent to the defendant.

Enforcement of orders

 13. (1) The court in which a maintenance order has been registered under the Act or by which a provisional maintenance order has been confirmed under the Act may, on the application of the clerk of the court, direct that all payments under the order shall be made to the clerk of the court.

  (2) Where a court makes a direction under the last preceding subregulation, a notice in accordance with Form 8 in the Second Schedule to these Regulations shall be served on the defendant.

  (3) The clerk of the court shall collect all payments due under the order and may take, in his own name, the like proceedings for the enforcement of the order as if the order were a maintenance order made by the court which has directed that the payments under the order be so made.

  (4)  The clerk of the court shall transmit all moneys so collected by him to the court which made the order or the provisional order.

SCHEDULE 1

Regulations 3 and 4

RECIPROCATING STATES AND PROPER AUTHORITIES

SCHEDULE 2

FORM 1

Regulation 5

NOTICE OF REGISTRATION OF MAINTENANCE ORDER

Maintenance Orders (Facilities for Enforcement) Act 1960

In the Court

of Norfolk Island.

Between

Complainant

  and

Defendant

The maintenance order made against the abovenamed defendant by the                                            Court in                                                                   , a reciprocating State for the purposes of the Maintenance Orders (Facilities for Enforcement) Act 1960, has been registered in accordance with section 6 of that Act in the                                     Court of Norfolk Island.

Dated this                                    day of                                                                      20      .

Officer in Charge of the Records of the Court.

FORM 2

Regulation 6

NOTICE TO BE SENT WITH CERTIFIED COPY OF MAINTENANCE ORDER MADE IN NORFOLK ISLAND

Maintenance Orders (Facilities for Enforcement) Act 1960

In the Court

of Norfolk Island.

Between

Complainant

  and

Defendant

Whereas this Court made, on the                                  day of                                        , 20    , on the application of the abovenamed complainant, an order against the abovenamed  defendant for the periodical payment of sums of money towards the maintenance of                                                                                             :

And whereas it has been proved to the satisfaction of this Court that the abovenamed defendant is resident in                                , a reciprocating State for the purposes of the Maintenance Orders (Facilities for Enforcement) Act 1960:

Now this Court sends the annexed certified copy of the abovementioned order to the Administrator of Norfolk Island for transmission to the proper authority in

Dated this                                    day of                                                                      20      .

By the Court,

Clerk of the Court.

FORM 3

Regulation 8

NOTICE TO BE SENT WITH CERTIFIED COPY OF PROVISIONAL MAINTENANCE ORDER

Maintenance Orders (Facilities for Enforcement) Act 1960

In the Court

of Norfolk Island.

Between

Complainant

  and

Defendant

Whereas this Court made, on the                           day of                                               , 20   , on the application of the abovenamed complainant, a provisional order against the abovenamed defendant for the periodical payment of sums towards the maintenance of                                                                                                                                                 

And whereas it has been proved to the satisfaction of this Court that the above­named defendant is resident in                            , a reciprocating State for the purposes of the Maintenance Orders (Facilities for Enforcement) Act 1960:

Now this Court sends, in pursuance of section 8 of that Act, to the Administrator of Norfolk Island for transmission to the proper authority in that State the following documents  —

(a)                 the depositions taken on the hearing of the application;

(b)                 a certified copy of the provisional order;

(c) a statement of the grounds on which the making of the order might, in the opinion of this Court, 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

(d) the information that this Court possesses for facilitating the identification of the defendant and ascertaining his whereabouts.

By the Court,

Clerk of the Court.

FORM 4

Regulation 9

NOTICE OF INTENTION TO TAKE FURTHER EVIDENCE

Maintenance Orders (Facilities for Enforcement) Act 1960

In the Court

of Norfolk Island.

Between

Complainant

  and

Defendant

Notice is hereby given that, the provisional order made in this matter of the            day of                         , 20    , having come on for hearing before the                                                    Court in                                                  , a reciprocating State for the purposes of the Maintenance Orders (Facilities for Enforcement) Act 1960, that Court did, on the                        day of                                         , 20         , direct that the case be remitted to this Court for the purpose of taking further evidence. You are therefore required to appear before this Court at                                              on the               day of                                  , 20     , at the hour of            o’clock in the       noon and there give or adduce to the Court evidence on the following matters  —

Dated this                                    day of                                                                      20      .

By the Court,

Clerk of the Court.

To the Defendant.

FORM 5

Regulation 10

DECISION OF A COURT ON AN APPLICATION FOR THE CONFIRMATION OF A PROVISIONAL MAINTENANCE ORDER MADE BY A COURT IN A RECIPROCATING STATE

Maintenance Orders (Facilities for Enforcement) Act 1960

In the Court

of Norfolk Island.

Between

Complainant

  and

Defendant

The provisional maintenance order made against the abovenamed defendant by the                                           Court in                                                            , a reciprocating State for the purposes of the Maintenance Orders (Facilities for Enforcement) Act 1960, having come on for hearing before this Court on the                     day of                                    , 20    , this Court confirms the order without modification (or confirms the order with the modifications set out hereunder or refuses to confirm the order).

Dated this                                    day of                                                                      20      .

By the Court,

Clerk of the Court.

FORM 6

Regulation 11

NOTICE SETTING OUT MATTERS ON WHICH FURTHER EVIDENCE IS TO BE TAKEN

Maintenance Orders (Facilities for Enforcement) Act 1960

In the Court

of Norfolk Island.

Between

Complainant

  and

Defendant

The provisional maintenance order made against the abovenamed defendant by the                             Court in the                                  , a reciprocating State for the purposes of the Maintenance Orders (Facilities for Enforcement) Act 1960 (or An application by the abovenamed defendant for a variation or remission of the provisional maintenance order made by the                                             Court in                                                      , a reciprocating State for the purposes of the Maintenance Orders (Facilities for Enforcement) Act 1960, and confirmed by this Court under section 9 of that Act) having come on for hearing before this Court on the                  day of                              , 20   , this Court, being satisfied that it is necessary to remit the case to the                                                   Court in                                                  for the purpose of taking evidence on the matter specified below, hereby sends the case to the proper authority in                                                      for the purpose of taking further evidence on the following matters  —

 2. The depositions of the witnesses heard before this Court are attached.

Dated this                                    day of                                                                      20      .

By the Court,

Clerk of the Court.

FORM 7

Regulation 12

NOTICE FOR THE TIME AND PLACE FIXED FOR FURTHER HEARING

Maintenance Orders (Facilities for Enforcement) Act 1960.

In the Court

of Norfolk Island.

Between

Complainant

  and

Defendant

Notice is hereby given that this Court has fixed the               day of                                  , 20   , at                                   for the further confirmation                                                            hearing of the application for the variation                           of the maintenance order in this rescission                                                           matter, the hearing of which was adjourned for the purposes of taking further evidence.  You may appear and be heard at the time and place so fixed.

 2. The depositions containing the further evidence are available for inspection at and you may, if you so desire, obtain a copy of the depositions on payment of a fee of                     .

Dated this                                    day of                                                                      20      .

By the Court,

Clerk of the Court.

To the Defendant.

FORM 8

Regulation 13

NOTICE DIRECTING PAYMENTS TO BE MADE TO THE CLERK OF THE COURT

Maintenance Orders (Facilities for Enforcement) Act 1960.

In the Court

of Norfolk Island.

Between

Complainant

  and

Defendant

,

Notice is hereby given that this Court has directed that all payments under the maintenance order registered in this Court in this matter (or under the provisional maintenance order confirmed by this Court in this matter) be made to the Clerk of this Court at                                                                             .

Dated this                                    day of                                                                      20      .

By the Court,

Clerk of the Court.

To the Defendant.

© Norfolk Island Government 2004

The Copyright Act 1968 of the Commonwealth of Australia permits certain reproduction and publication of this legislation. For reproduction or publication beyond that permitted by the Act, written permission must be sought from the Legislative Counsel, Administration of Norfolk Island, Norfolk Island, South Pacific 2899.