Family Violence Act 2016

If the Magistrates Court receives an application for a protection order and an interim order is not sought, the court must hold a preliminary conference unless the court is satisfied, on application or on its own initiative, that—

holding a preliminary conference would create an unacceptable risk to a person’s safety; or

a preliminary conference would be unlikely to achieve its objects.

For the objects of a preliminary conference, see s 49.

If the Magistrates Court decides to hold a preliminary conference, the registrar must do the following:

set a return date for the preliminary conference that is as soon as practicable after the day the application is received;

as soon as practicable serve on the respondent—

a copy of the application; and

a timing notice for the conference;

as soon as practicable give the applicant a timing notice.

The application for the protection order and timing notice must be served personally on the respondent (see s 70A).

If the Magistrates Court decides not to hold a preliminary conference, the registrar must do the following:

set a return date for the application;

as soon as practicable serve on the respondent—

a copy of the application; and

notice of the return date;

as soon as practicable give the applicant notice of the return date.