Maintenance Orders Reciprocal Enforcement Act · 2021 Revised Edition · Part · General
12. Appeals
Official textFrom Attorney General's Chambers, unchanged
An applicant shall have the same right of appeal, if any, against a refusal by a court in Brunei Darussalam to make a provisional order under any provision of this Act as he would have had against a refusal to make the order if a summons has been duly served on the person against whom the a order is sought to be made.
court
"court" includes any tribunal or person having power to make, confirm, enforce, vary or revoke a maintenance order; B. L. R.O. 1;2021 Maintenance Orders 6 Reciprocal Enforcemen1
Where in pursuance of any such provision, any such court confirms or refuses to confirm a provisional order made by a court in a
provisional order
"provisional order" means (according to the context) - (a) an order made by a court in Brunei Darussalam which is provisional only and has no effect unless confirmed, with or without alteration, by a competent court in a reciprocating country; or (b) an order made by a court in a reciprocating country which is provisional only and has no effect unless confirmed, with or without alteration, by a court in Brunei Darussalam having power under this Act to confirm it;
Maintenance Orders 18 CAP.
Reciprocal Enforcenzent reciprocating country. whether a maintenance order or an order varying or revoking a maintenance order, the payer or payee under the maintenance order shall have the same right of appeal (if any) from the confirmation of. or refusal to confirm, the provisional order as he would have if that order were not a provisional order and the court which confirmed or refused to confirm it had made or refused to make it.
reciprocating country
"reciprocating country" has the meaning assigned to it by section 17;
Where in pursuance of any such provision any such court makes, or refuses to make, an order varying or revoking a maintenance order made by a court in a reciprocating country, then. subject to subsection (1). the payer or payee under the maintenance order shall have the same right of appeal (if any) from that order or from the refusal to make it as he would have if the maintenance order had been made by the first-mentioned court.
maintenance order
"maintenance order" means an order (however described) of the following descriptions - (a) an order (including an affiliation order or order consequent upon an affiliation order) which provides for the periodical payment of sums of money towards the maintenance of any person, being a person to whom the person liable to make payments under the order is, according to the law applied in the place where the order was made, liable to maintain; and (b) an affiliation order or order consequent upon an affiliation order, being an order which provides for the payment by a person adjudged, found or declared to be a child's father of expenses incidental to the child's birth or. where the child had died, of his funeral expenses, and in the case of a maintenance order which has been varied, means that order as varied;
Nothing in this section (except subsection (1)) shall be construed as affecting any right of appeal conferred by any other written law.
Terms defined in s 2
court
Defined · s 2"court" includes any tribunal or person having power to make, confirm, enforce, vary or revoke a maintenance order; B. L. R.O. 1;2021 Maintenance Orders 6 Reciprocal Enforcemen1
maintenance order
Defined · s 2"maintenance order" means an order (however described) of the following descriptions - (a) an order (including an affiliation order or order consequent upon an affiliation order) which provides for the periodical payment of sums of money towards the maintenance of any person, being a person to whom the person liable to make payments under the order is, according to the law applied in the place where the order was made, liable to maintain; and (b) an affiliation order or order consequent upon an affiliation order, being an order which provides for the payment by a person adjudged, found or declared to be a child's father of expenses incidental to the child's birth or. where the child had died, of his funeral expenses, and in the case of a maintenance order which has been varied, means that order as varied;
payer
Defined · s 2"payer", in relation to a maintenance order, means the person liable to make payments under the order;
provisional order
Defined · s 2"provisional order" means (according to the context) - (a) an order made by a court in Brunei Darussalam which is provisional only and has no effect unless confirmed, with or without alteration, by a competent court in a reciprocating country; or (b) an order made by a court in a reciprocating country which is provisional only and has no effect unless confirmed, with or without alteration, by a court in Brunei Darussalam having power under this Act to confirm it;
reciprocating country
Defined · s 2"reciprocating country" has the meaning assigned to it by section 17;