Queensland Consolidated Acts

DOMESTIC AND FAMILY VIOLENCE PROTECTION ACT 2012 - SECT 41A

41A Application of particular provisions

(1) Sections 41B to 41E apply if—

(a) an application (the
"original application" ) for a protection order has been made and is before a court; and

(b) a second application for a protection order (the
"cross application" ) has been made and is before the same court or another court; and

(c) a person named as a respondent in the original application is named as the aggrieved in the cross application; and

(d) the person named as the aggrieved in the original application is named as a respondent in the cross application.

(2) Also, sections 41B to 41E apply if—

(a) 2 protection orders have been made by the same court or by different courts; and

(b) a person named as a respondent in one of the protection orders (the
"first protection order" ) is named as the aggrieved in the other protection order (the
"second protection order" ); and

(c) the person named as the aggrieved in the first protection order is named as a respondent in the second protection order; and

(d) both of the following applications have been made and are before a court—

(i) an application to vary the first protection order (also the
"original application" );

(ii) an application to vary the second protection order (also the
"cross application" ) made after the original application.

(3) In addition, sections 41B to 41E apply if—

(a) a protection order (the
"original protection order" ) has been made; and

(b) an application for variation of the original protection order (the
"variation application" ) has been made and is before a court; and

(c) an application for a second protection order (also the
"cross application" ) has been made and is before a court; and

(d) a person named as a respondent in the original protection order is named as the aggrieved in the cross application; and

(e) the person named as the aggrieved in the original protection order is named as a respondent in the cross application.

(4) For subsection (3) , it does not matter whether the variation application was made before or after the cross application.