Western Australian Current Acts Western Australian Current Acts (1) A court before
which an application for a restraining order has been made must, at a time
determined by the court to be appropriate in the circumstances, request the
applicant to provide information (being information of which the applicant is
aware) —
(a)
about the existence of —
(i)
unless subparagraph (ii) applies, any family order to
which the applicant is a party; or
(ii)
if the application is being made on behalf of another
person, any family order to which the person for whose benefit the order would
be made is a party;
and
(b)
about the existence of —
(i)
unless subparagraph (ii) applies, any pending application
for a family order in which the applicant is a party to the family court
proceedings; or
(ii)
if the application is being made on behalf of another
person, any pending application for a family order in which the person for
whose benefit the order would be made is a party to the family court
proceedings.
(2) If a court, on
making a request under subsection (1), or in any other circumstances, becomes
aware of an existing family order, or proceedings for a family order, the
court must —
(a) take
steps to obtain a copy of any family order or, if that is not reasonably
practicable in the circumstances, information about the terms of any family
order; and
(b)
without derogating from section 65, take the terms of any family order, or the
terms of a family order that are being sought in a pending application for a
family order, into account (to the extent that those terms are known to the
court) when making a restraining order (including an order agreed between the
parties) under this Act.
(3) A restraining
order is not invalid merely because of any failure to comply with this
section.
[Section 66 inserted: No. 30 of 2020 s. 80.]