Australian Capital Territory Numbered Acts

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DOMESTIC RELATIONSHIPS ACT 1994 (NO. 28 OF 1994) - SECT 28

Variation and setting aside of orders

28. Where, on the application of a person in respect of whom an order under section 15 or 19 is in force, a court is satisfied that—

        (a)     there has been a miscarriage of justice because of fraud, duress, suppression of evidence, the giving of false evidence or any other circumstance;

        (b)     in the circumstances that have arisen since the order was made, it is impracticable for the order, or a part of the order, to be carried out; or

        (c)     a person has defaulted in carrying out an obligation imposed by the order and, in the circumstances that have arisen as a result of that default, it is just and equitable to vary the order or set it aside and make a substitute;

the court may vary the order or set it aside and, if it thinks fit, make another order under this Part in substitution for the order.



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