Western Australian Current Acts Western Australian Current Acts (1) If a person who is
bound by a restraining order makes an application under section 45(1)(c) the
registrar is to fix a hearing at which the court will consider whether to
grant leave for the person to continue the application.
(2) The hearing fixed
under subsection (1) is to be held in the absence of the person for whose
benefit the order was made.
(3) If the person who
is bound by the order does not attend a hearing fixed under subsection (1) the
court —
(a) if
it is satisfied the person was notified of the hearing, is to dismiss the
application; or
(b)
otherwise, is to adjourn the hearing.
(4) Subject to
subsection (3), at a hearing fixed under subsection (1) the court —
(a) is
to grant leave for the person to continue the application to vary or cancel
the order if it is satisfied that —
(i)
there is evidence to support a claim that a person
protected by the order has persistently invited or encouraged the applicant to
breach the order, or by his or her actions has persistently attempted to cause
the applicant to breach the order; or
(ii)
there has been a substantial change in the relevant
circumstances since the order was made; or
(iii)
in respect of an application to vary an interim order,
there is evidence to support a claim that the restraints imposed by the order
are causing the applicant serious and unnecessary hardship and that it is
appropriate that the application is heard as a matter of urgency;
or
(b)
otherwise, is to dismiss the application.
(5) Subsection (4)
operates subject to the operation of section 13A(8).
[Section 46 amended: No. 22 of 2000 s. 10(2); No.
38 of 2004 s. 29; No. 59 of 2004 s. 123; No. 30 of 2020 s. 69.]