Section 7
Confirmation by Brunei Darussalam court of provisional maintenance order
of Maintenance Orders Reciprocal Enforcement Act
(1)
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.
(2)
Where a certified copy of an order to which this section applies together with -
(a)
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 -
(i)
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
(ii)
in any other case, confirm the order either without alteration or with such alterations as it thinks reasonable.
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• (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.
(4)
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.
(5)
The court having power under this section to confirm a provisional order shall -
(a)
if the court confirms the order, register the order in that court;
or
(b)
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.
(6)
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.
Enforcement of maintenance order 8.
(1)
A registered order may be enforced in Brunei Darussalam as if it had been made by the registering court and as if that court had jurisdiction to make it; and proceedings for or with respect to the enforcement of any such order may be taken accordingly.
(2)
Any person for the time being under an obligation to make payments in pursuance of a registered order shall give notice of any change of address to the registering court.
a
(3)
Any person failing without reasonable excuse to give a notice under subsection (2) is guilty of an offence and liable on conviction to a fine not exceeding $5,000.
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Reciprocal Enforcement
(4)
The court by which an order is enforceable by virtue of this section shall take all necessary steps for enforcing the order.
(5)
In any proceedings for the enforcement of an order which is for the time being registered in any court under this Act, a certificate of arrears sent to the court shall be evidence of the facts stated therein.
(6)
Subject to subsection (7). sums of money payable under a registered order shall be payable in accordance with the order as from the date on which the order was made.
(7)
The court having power under section 7 to confirm a provisional order may, if it decides to confirm the order, direct that the sums of money payable under the order is deemed to have been payable in accordance with the order as from such date, being a date later than the date on which the order was made, as it may specify.
(8)
Subject to any direction under subsection (7), a maintenance order registered under section 7 shall be treated as if it had been made in the form in which it was confirmed and as if it had never been a provisional order.
Variation and revocation of maintenance order 9.
(1)
Subject to this section, the registering court shall have -
(a)
the same power, on an application made by the payer or payee under a registered order, to vary or revoke the order as if that court had jurisdiction to make it; and
(b)
the power to vary or revoke a registered order by a provisional order.
(2)
The registering court shall not vary a registered order otherwise than by a provisional order unless -
(a)
both the payer and the payee under the registered order are for the time being residing in Brunei Darussalam;
(b)
the application is made by the payee under the registered order; or
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(c)
the variation consists of a reduction in the rate of the payments under the registered order and is made solely on the ground that there has been a change in the financial circumstances of the payer -
(i)
since the registered order was made; or
(ii)
in the case of an order registered under section 7, since the registered order was confirmed.
and the courts in the reciprocating country in which the maintenance order in question was made do not have power. according to the law in force in that country, to confirm provisional orders varying maintenance orders.
(3)
The registering court shall not revoke a registered order otherwise than by a provisional order unless both the payer and the payee under the registered order are for the time being residing in Brunei Darussalam.
(4)
On an application for the revocation of a registered order, the registering court shall, unless both the payer and the payee under the registered order are for the time being residing in Brunei Darussalam, apply the law applied by the reciprocating country in which the registered order was made.
(5)
If. by virtue of subsection (4), the registering court is required to apply that law, that court may make a provisional order if it has reason to believe that the ground on which the application is made is a ground on which the order could be revoked according to the law applied by the reciprocating country, notwithstanding that it has not been established that it is such a ground.
(6)
Where the registering court makes a provisional order varying or revoking a registered order, the court shall send to the court in the reciprocating country which made the registered order a certified copy of the provisional order, together with a document, duly authenticated, setting out or summarising the evidence given in the proceedings.
(7)
Where a certified copy of a provisional order made by a court in a reciprocating country, being an order varying a registered order, together with a document, duly authenticated, setting out or summarising the evidence given in the proceedings in which the provisional order was made.
is received by the registering court, that court may confirm the order either
B.L R.O. 1/2021
LAWS OF BRUNEl
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Reciprocal Enforcement without alteration or with such alterations as it thinks reasonable or refuse to confirm the order.
(8)
For the purpose of determining whether a provisional order should be confirmed under subsection (7), the court shall proceed as if an application for the variation of the registered order had been made to it.
(9)
Where a registered order has been varied by an order (including a provisional order which has been confirmed) made by a court in Brunei
Darussalam or by a competent court in a reciprocating country, the registered order shall, as from the date on which the order was made, have effect as varied by that order and, where that order was a provisional order, as if that order had been made in the form in which it was confirmed and as if it had never been a provisional order.
(1 0) Where a registered order has been revoked by an order made by a court in Brunei Darussalam or by a competent court in a reciprocating country, including a provisional order made by the first-mentioned court which has been confirmed by a competent court in a reciprocating country, the registered order, as from the date on which the order was made, is deemed to have ceased to have effect except as respects any arrears due under the registered order at that date.
(1 1) The registering court shall register any order varying a registered order other than a provisional order which is not confirmed.
Cancellation of registration of order 10.
(1)
Where a registered order is revoked by -
(a)
an order made by the registering court;
(b)
a provisional order made by that court which has been confirmed by a court in a reciprocating country and notice of the confirmation is received by the registering court; or
(c)
an order made by a court in such a country and notice of the revocation is received by the registering court, the registering court shall cancel the registration.
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•
(2)
Any arrears due under the registered order at the date when its registration is cancelled by virtue of subsection (2) shall continue to be recoverable as if the registration had not been cancelled.
(3)
Where the registering court is of the opinion that the payer under a registered order has ceased to reside within the jurisdiction of that court. it shall cancel the registration of the order and send the certified copy of the
-
a order to the ~ t t o r n e ~
General.
-
Where payer is not residing in Brunei Darussalam 11.
If it appears to the Attorney General that the payer under a maintenance order, a certified copy of which has been received by him from a reciprocating country, is not residing in Brunei Darussalarn or, in the case of an order which subsequently became a registered order, has ceased to reside therein, he shall send to the responsible authority in that country -
(a)
the certified copy of the order in question and a certified copy of any order varying that order;
(b)
if the order has at any time been a registered order, a certificate of arrears signed by the court;
(c)
a statement giving such information as the Attorney General possesses as to the whereabouts of the payer; and
(4 any other relevant documents in his possession relating to the case.