Power to declare DVO to be recognised
41 Power to declare DVO to be recognised
A court may, by order, declare a DVO made in any jurisdiction to be a recognised DVO in this jurisdiction.
A declaration may be made in relation to a DVO made in any jurisdiction that is in force in the issuing jurisdiction and is not a recognised DVO in this jurisdiction.
The jurisdiction in which the DVO was made does not have to be a participating jurisdiction.
A court must make a declaration under this section if an application for the declaration is made in accordance with this Division, unless the court decides to refuse to make the declaration in the interests of justice.
Without limiting subsection (4), the court may refuse to make the declaration if the court is not satisfied that the person bound by the DVO has been properly notified of the making of the DVO under the law of the jurisdiction in which the DVO was made.
Note for this subsection:
Under section 39, the DVO becomes enforceable against the person when the declaration is made. Notice of the declaration is not to be served on the person unless the person making the application consents to service.
However, a court cannot declare a general violence order to be a recognised DVO in this jurisdiction unless the general violence order was made in this jurisdiction.
Notice of a declaration is not to be served on the person bound by the DVO unless the person who makes the application consents to service.
Note for this subsection:
Under section 10, a foreign order is taken to be made in any jurisdiction in which it is registered as a registered foreign order. Accordingly, this section extends to registered foreign orders.
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