Personal Violence Act 2016

If the Magistrates Court receives an application under section 81, 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.

The objects of a preliminary conference are to—

find out whether the proceeding for the review may be settled by consent before it is heard by the Magistrates Court; and

ensure the application is ready to be heard as soon as practicable.

Words spoken or anything done at the preliminary conference that is related to a question to be decided by the court in a proceeding for the protection order is generally inadmissible as evidence in the proceeding (see s 57).

If the Magistrates Court holds 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 other party—

a copy of the application; and

a timing notice for the conference;

as soon as practicable give the applicant a timing notice.

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

set a return date for the application;

as soon as practicable serve on the other party—

a copy of the application; and

notice of the return date;

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

The registrar may adjourn a preliminary conference if—

the registrar has set a return date for the preliminary conference; and

the respondent has not been served in accordance with this section; and

the registrar is satisfied that the respondent may be served if further time for service were allowed.

The court may direct that service be effected in another way if personal service is not reasonably practicable (see s 64A (2)).