Magistrates' Court (Family Violence Protection) Rules 2018

An application under section 117 of the Act to stay the operation of a relevant decision must be filed.

The registrar may serve an application under section 117 of the Act to stay the operation of a relevant decision on the following persons—

the other parties to the proceeding in which the relevant decision was made;

if the appeal relates to a family violence intervention order for a protected person who is a child—

if the application for the order was made with the consent of a parent, that parent; or

if a parent of the child did not consent to the order, a parent of the child (other than the respondent) with whom the child normally or regularly resides;

if the appeal relates to a family violence intervention order for a protected person who has a guardian, the guardian.

If there are exceptional circumstances, the Court may grant a stay without serving the application on any other person.