Maintenance Orders Reciprocal Enforcement Act · 2021 Revised Edition · Part · Orders Made by Courts in Reciprocating Countries
7. Confirmation by Brunei Darussalam court of provisional maintenance order
Official textFrom Attorney General's Chambers, unchanged
This section applies to a maintenance order made, whether before or after the commencement of this Act, by a court in reciprocating country being a provisional order.
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;
Where a certified copy of an order to which this section applies together with -
certified copy
"certified copy", in relation to an order of court, means a copy of the order certified by the proper officer of the court to be a true copy;
a document, duly authenticated, setting out or summarising the evidence given in the proceedings in which the order was made:
and
)
a statement of the grounds on which the making of the order might have been opposed by the payer under the order, is received by the Attorney General from the responsible authority in a reciprocating country, and it appears to the Attorney General that the payer under the order is residing in Brunei Darussalam, he shall send the copy of the order and documents which accompanied it to the appropriate court, and that court shall -
if the payer under the order establishes any such defence as he might have been raised in the proceedings in which the order was made, refuse to confirm the order; and
in any other case, confirm the order either without alteration or with such alterations as it thinks reasonable.
Maintenance Orders
Reciprocal Enforcement
CAP. 175 13
• (3) In any proceedings for the confirmation under this section of a provisional order, the statement received from the court which made the order of the grounds on which the making of the order might have been opposed by the payer under the order shall be conclusive evidence that the payer might have raised a defence on any of those grounds in the proceedings in which the order was made.
For the purpose of determining whether a provisional order should be confirmed under this section, the court shall proceed as if an application for a maintenance order against the payer under the provisional order had been made to it.
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;
The court having power under this section to confirm a provisional order shall -
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
if the court confirms the order, register the order in that court;
or
if the court refuses to confirm the order, return the certified copy of the order and the documents which accompanied it to the
Attorney General.
If a summons to appear in the proceedings for the confirmation of the provisional order cannot be duly served on the payer under that order, the court by which the certified copy of the order was received shall return that copy and the documents which accompanied it to the Attorney General with a statement giving such information as it possesses as to the whereabouts of the payer.
payer
"payer", in relation to a maintenance order, means the person liable to make payments under the order;
Terms defined in s 2
certified copy
Defined · s 2"certified copy", in relation to an order of court, means a copy of the order certified by the proper officer of the court to be a true copy;
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;
responsible authority
Defined · s 2"responsible authority", in relation to a reciprocating country, means any person who in that country has functions similar to those of the Attorney General under this Act.
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