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DOMESTIC AND FAMILY VIOLENCE PROTECTION RULES 2014 - REG 31
Considering respondent’s impaired capacity if respondent does not attend hearing
31 Considering respondent’s impaired capacity if respondent does not attend
hearing
(1) This rule applies if the DFVP court— (a) is deciding whether to hear and
decide the application, adjourn the application or order the issue of a
warrant for the respondent under the DFVP Act , section 39 (2) ; and
(b) is
aware the respondent is a person with impaired capacity.
(2) In making the
decision the DFVP court may consider whether— (a) to appoint a litigation
guardian for the respondent under rule 29 (3) ; or
(b) to continue to hear
the proceeding before a litigation guardian is appointed for the respondent.
Note— See the DFVP Act , sections 27 and 44 for a DFVP court’s power to
make a temporary protection order on adjourning a proceeding.
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