Tuvalu Island Courts Bench Book - Federal Court of Australia

Maintenance Checklist
Legal obligation or customary obligation
Is there a legal or customary obligation for the defendant to maintain the applicant?
There must be a legal or customary obligation to provide maintenance.
Circumstances of the parties
What are the relevant circumstances of all the people involved? You will need evidence of this.
What is the age of the person for whose benefit the application is made?
What are the financial resources of the defendant?
Neglect
Has the defendant wilfully neglected to provide for or make proper contribution towards reasonable maintenance for
the applicant ?
Declaration
You must be satisfied that the defendant has neglected to provide reasonable maintenance.
You may make a maintenance declaration – be clear about what the defendant must do or pay and to whom. It may
be to provide shelter or money or both.
Right of appeal
6.6 Enforcing a Maintenance Declaration
Where a maintenance declaration has been made but has not been followed by the other party,
the Court may make a maintenance enforcement order. To make such an order, the Court must
take into account:
• the circumstances of the case; and
• the resources of the defendant: s4(1) Maintenance (Miscellaneous Provisions) Act (Cap
4).
The Court may then order:
• payment by the defendant to the applicant or any other person on the applicant’s behalf;
• that the defendant must provide shelter for the applicant; and
• any reasonable combination of money or shelter as the Court thinks fit: s4(2)
Maintenance (Miscellaneous Provisions) Act (Cap 4).
Tuvalu Island Courts Bench Book June 2004