Western Australian Current Acts

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RESTRAINING ORDERS ACT 1997 - SECT 41

41 .         Consent order or final order hearing to be fixed

        (1)         If, at a mention hearing, the respondent consents to a final order being made in relation to a VRO or MRO, the court may make the order by consent without being satisfied there are grounds for making the order.

        (2)         If a respondent consents to a final order being made in relation to a VRO or MRO, the consent does not constitute an admission by the respondent of all or any of the matters alleged in the application.

        (3)         The registrar is to prepare and serve a final order made by consent under subsection (1).

        (4)         Subject to section 40, at a mention hearing at which a consent order is not made, the court is to direct the registrar to fix a hearing and summons the respondent to attend the hearing.

        [Section 41 amended: No. 59 of 2004 s. 123; No. 49 of 2016 s. 47.]



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