Code of Organization and Civil Procedure (Cap. 12)
Code of Organization and Civil Procedure (Cap. 12), article 928J
928J. (1) An application for legal aid made by a party to a dispute
covered by the Regulation or the Convention who is resident in Malta,
being the requesting Contracting State, shall be submitted to t he Central
Authority which shall transmit such application to the Central Authority
of the requested Contracting State.
(2) Where an applicant for legal aid who is a party to a
dispute covered by the Regulation or the Convention is resident i n
another Contracting State, being the requesting Contracting Sta te, the
Central Authority shall receive and transmit such application t o the
Advocate for Legal Aid.
Waiver of fees.928K . The Advocate for Legal Aid and the Registrar, as
applicable, shall waive all fees pertaining to the provision of the
assistance referred to in Article 45 of the Regulation, includi ng in
relation to the filing of any act, in respect of any applicatio n made
by a creditor under Article 56 of the Regulation or under Chapt er III
of the Convention, concerning mai ntenance obligations arising f rom
a parent-child relationship towards a person under the age of 2 1:
Provided that, in relation to a pplications other than those
for the recognition or recognition and declaration of enforceab ility of
decisions, or for the enforcement of decisions given or recogni sed in
Malta as the requested Contracting State, the Advocate for Lega l Aid
and, or the Registrar may refuse to apply this Article if they consider
that, on the merits, the application or any appeal or review is
manifestly unfounded:
Provided further that where an applicant as referred to in
this article, having received fre e legal aid, is unsuccessful i n the case,
the Advocate for Legal Aid and the Registrar shall be entitled to
recover the expenses so waived, insofar as the applicant’s fina ncial
situation so permits.
Title XI
OF CURATORS
Where curators are
to be appointed in
superior courts or
Gozo court in
superior
jurisdiction.
Amended by:
XXIII.1971.54;
XV .1983.11;
VIII.1990.3;
XXIV .1995.341;
II.2012.11.
Text read from the consolidated PDF published by Legislation Malta. Tables, figures and marginal notes may be incomplete or out of place: the official PDF is authoritative. General information, not legal, tax or accounting advice.