Family Violence Act 2016

If the Magistrates Court receives an application for a protection order and an interim order is sought, the court must set a return date for the hearing of the interim order which is not later than 2 days after the day the application is received.

After the hearing for the interim order, the Magistrate’s 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 a preliminary conference which is as soon as practicable after the hearing; and

as soon as practicable serve on the respondent—

a copy of the application for the protection order; and

if an interim order was made—

a copy of the application for the interim order; and

a copy of the interim order; and

a timing notice for the conference; and

as soon as practicable give the applicant a timing notice.

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 for the protection order; and

if an interim order was made—

a copy of the application for the interim order; and

a copy of the interim order; and

notice of the return date;

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

Subsection (3) continues to apply even if the order is taken to be a special interim order under section 26 (General interim orders—taken to be special interim orders if related charges laid) before a preliminary conference is held.