Queensland Consolidated Acts

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MAINTENANCE ACT 1965 - SECT 79

79 Procedure where provisional order remitted by court of other Australian State

(1) Where a provisional order made under sections 72 to 78 is remitted by a court in another Australian State to the court in Queensland that made the provisional order for the taking of further evidence, the court in Queensland, or, if requested by that court, another court of similar jurisdiction in Queensland, shall, after notice has been given to the collector and to such persons and in such manner as the court thinks fit, proceed to take the evidence.

(2) Where the further evidence is taken by a court in Queensland other than the court that made the provisional order, the firstmentioned court shall cause the depositions of the witnesses to be transmitted to the court that made the provisional order.

(3) When the further evidence is taken by the court in Queensland that made the provisional order or is received by that court from another court in Queensland that took the further evidence, the firstmentioned court shall cause the depositions of the witnesses to be sent to the court in the other Australian State.

(4) If, when the further evidence has been taken, it appears to the court that made the provisional order that the order ought not to have been made, the court may rescind the order and may, if it thinks fit, make a fresh provisional order on the application under section 75.



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