Tuvalu Island Courts Bench Book - Federal Court of Australia

6.3 How an Application for a Maintenance Declaration Under the
Maintenance (Miscellaneous Provisions) Act (Cap 4) is Made
Application is made to the Court on notice (Form F3). The Court will serve the application on
the other party and set a date for hearing.
6.4 Grounds for Making a Maintenance Declaration
The Court must first decide whether there is a legal or customary obligation to maintain the
person: s3(1) Maintenance (Miscellaneous Provisions) Act (Cap 4).
The Court must also make a full enquiry into all the circumstances surrounding the application.
In particular, the Court must take into consideration:
• the age of the person for whose benefit the application is being made;
• the personal circumstances of every person concerned with the application; and
• any further evidence that is necessary: s3(2) Maintenance (Miscellaneous Provisions) Act
(Cap 4).
Once the Court has considered all the evidence, and determined that there is a legal and
customary obligation to maintain the person, the Court may make a maintenance declaration.
6.5 Maintenance Checklist
The checklist on the following page provides a useful approach to considering maintenance
under the Maintenance (Miscellaneous Provisions) Act (Cap 4).
Tuvalu Island Courts Bench Book June 2004