Code of Organization and Civil Procedure (Cap. 12)

Code of Organization and Civil Procedure (Cap. 12), article 928J

Official PDF on legislation.mt

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.

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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.