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DOMESTIC AND FAMILY VIOLENCE PROTECTION ACT 2012 - SECT 41C
Hearing of applications—cross applications before same court
41C Hearing of applications—cross applications before same court
(1) This section applies if— (a) either— (i) the original application and
cross application are before the same court; or
(ii) the variation
application and cross application are before the same court; and
(b) the
court is aware of both applications.
(2) The court must— (a) hear the
applications together; and
(b) in hearing the applications, consider— (i)
the principle mentioned in section 4 (2) (e) ; and
(ii) whether it is
necessary to make arrangements for the safety, protection or wellbeing of the
person most in need of protection in the relevant relationship that exists
between the persons who are the aggrieveds and respondents to the
applications. Note— See, for example, sections 150 and 151 for the power of
the court to make orders in relation to a person giving evidence or being
cross-examined as a protected witness.
(3) If the court decides to adjourn
the hearing of either application or both applications, the court must
consider whether to make a temporary protection order under division 2 in
relation to each adjourned hearing.
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