The proviso in s 110(2)(ab) of the Justices Act 1959 (Tas) cannot save an order made without lawful authority due to non-compliance with mandatory statutory preconditions. Service of a sealed copy of a family violence application, or reasonable attempts at service, under s 31(7) of the Family Violence Act 2004 (Tas) is a mandatory precondition to the exercise of the power to make a final family violence order in the absence of the respondent. A magistrate's informal notification to a respondent that an application will be filed does not satisfy the statutory service requirements.
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