FAMILY VIOLENCE PROTECTION ACT 2008 - SECT 61 Mention date

FAMILY VIOLENCE PROTECTION ACT 2008 - SECT 61

    (1)     The court must not proceed to hear a contested application for a final order on a mention date unless the court is satisfied that—

        (a)     all the parties to the proceeding have had an opportunity to seek legal advice and legal representation; and

        (b)     all the parties to the proceeding consent to the hearing of the contested application on the mention date; and

        (c)     it is fair and just to all the parties to hear the application on the mention date.

    (2)     Subsection (1) does not prevent the court making a final order on a mention date if—

        (a)     all the parties to the proceeding have consented to, or are not opposed to the making of, the order in accordance with section 78; or

        (b)     the court is satisfied the respondent has been served with a copy of the application for a family violence intervention order and has not attended court on the mention date.