Victorian Current Acts

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VEXATIOUS PROCEEDINGS ACT 2014 - SECT 95

Family Violence Protection Act 2008—applications not heard and determined before repeal of Part 11

    (1)     If immediately before the repeal of Part 11 of the Family Violence Protection Act 2008 , an application has been made under section 189 of that Act but the Magistrates' Court or the Children's Court has not begun to hear and determine that application, on and from that repeal—

        (a)     the application is taken to be—

              (i)     in the case of an application made by the Attorney-General—an application made by the Attorney-General under section 18 of this Act for an extended litigation restraint order that relates to intervention order legislation; or

              (ii)     in the case of an application made by a person referred to in section 189(1)(b), (c) or (d) of the Family Violence Protection Act 2008 —an application made under section 18 of this Act by a person referred to in section 18(1)(b) for an extended litigation restraint order that relates to intervention order legislation; and

        (b)     this Act applies to the hearing and determination of the application.

    (2)     If immediately before the repeal of Part 11 of the Family Violence Protection Act 2008 , an application referred to in section 194 of that Act has been made but the Magistrates' Court or the Children's Court has not begun to hear and determine that application, on and from that repeal—

        (a)     the application is taken to be an application for leave to proceed made under section 52(2) of this Act; and

        (b)     this Act applies to the hearing and determination of the application.

    (3)     If immediately before the repeal of Part 11 of the Family Violence Protection Act 2008 , an application has been made under section 197 of that Act but the Magistrates' Court or the Children's Court has not begun to hear and determine that application, on and from that repeal—

        (a)     the application is taken to be an application made under section 65 of this Act for the variation or revocation of an extended litigation restraint order that relates to intervention order legislation; and

        (b)     this Act applies to the hearing and determination of the application.

    (4)     If immediately before the repeal of Part 11 of the Family Violence Protection Act 2008 , an application has been made under section 195 of that Act but the Supreme Court or the County Court has not begun to hear and determine that application, on and from that repeal—

        (a)     the application is taken to be an application made under section 79 of this Act for leave to appeal against an extended litigation restraint order that relates to intervention order legislation; and

        (b)     this Act applies to the hearing and determination of the application.



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