Family Violence Protection Act 2008

The Chief Magistrate together with one or more Deputy Chief Magistrates may jointly make rules of court for or with respect to proceedings in the Magistrates' Court in relation to applications and orders made under this Act or the National Domestic Violence Order Scheme Act 2016.

Without limiting subsection (1), rules may be made for or with respect to the following matters—

the proper venue for proceedings under this Act, including the transfer of proceedings between court venues;

the right of parties to appear personally or to be represented by a legal practitioner;

the amendment of applications;

processes and procedures for making and filing applications for family violence intervention orders, including, but not limited to—

making and filing applications by electronic communication; and

providing for different requirements, procedures or processes in relation to applications made during court hours, after hours or in remote areas and applications where the applicant or respondent is an adult or a child;

the striking out or dismissal by the court of matters;

the adjournment of proceedings by the court and the power to stay orders;

processes for filing family violence safety notices in the court;

forms, notices and written explanations;

access to records and documents held by the court;

extracts from records and documents held by the court and certification of those extracts;

any other matter or thing required or permitted by or under the National Domestic Violence Order Scheme Act 2016 to be dealt with by rules of court or otherwise necessary or required for the purposes of that Act.

A power conferred by this Act to make rules may be exercised in accordance with section 16(1D) and 16(1E) of the Magistrates' Court Act 1989 as if the rules had been made under section 16 of that Act.

To remove any doubt, it is declared that the power of the Chief Magistrate to issue practice directions, statements or notes for the court under section 16A of the Magistrates' Court Act 1989 in relation to civil proceedings or any class of civil proceedings includes power to issue practice directions, statements or notes for the court in relation to proceedings, or any class of proceedings, with respect to applications or orders made under this Act, including, but not limited to, making and filing applications for family violence intervention orders by electronic communication or the National Domestic Violence Order Scheme Act 2016.

A practice direction, statement or note issued with respect to proceedings, or any class of proceedings, with respect to applications under this Act or the National Domestic Violence Order Scheme Act 2016 is taken to have been issued under section 16A(1) of the Magistrates' Court Act 1989.