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Thursday, 19 November 1959


Sir GARFIELD BARWICK (Parramatta) (Attorney-General) . - I move -

In sub-clause (1.), omit paragraph (a), insert the following paragraphs: - " (a) order that a lump sum or a weekly, monthly, yearly or other periodic sum be paid; " (aa) order that a lump sum or a weekly, monthly, yearly or other periodic sum be secured; " (ab) where a periodic sum is ordered to be paid, order that its payment be wholly or partly secured in such manner as the court directs; ".

Perhaps the committee should receive an explanation of this change. There are several things a court can do in respect of maintenance. It can order the payment of a sum periodically. It can order that that periodic sum be secured; that is, that some security be lodged. Or it may simply order that a security be given for a sum with no obligation to pay. This would mean that the party could only go to the security to get the money. Again, the court may order a lump sum to be paid. These distinctions are very important when we come to a later clause which deals with the power of the court to increase a sum which has been ordered to be paid by way of maintenance.

Amendment agreed to.







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