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DOMESTIC AND FAMILY VIOLENCE PROTECTION ACT 2012 - SECT 41D
Hearing of applications—cross applications before different courts
41D Hearing of applications—cross applications before different courts
(1) This section applies if— (a) either— (i) the original application and
the cross application are before different courts; or
(ii) the variation
application and the cross application are before different courts; and
(b) a
court hearing either application is aware of both applications.
(2) The court
must consider whether to, and may— (a) hear the applications together; or
(b) order that the application before the court be dealt with by the other
court.
(3) If the court hears the applications, the court must consider—
(a) the principle mentioned in section 4 (2) (e) ; and
(b) 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.
(4) If the court decides to adjourn
the hearing of the application before it, the court must consider whether to
make a temporary protection order under division 2 in relation to the
adjourned hearing.
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