CRIMES (DOMESTIC AND PERSONAL VIOLENCE) ACT 2007 - SECT 50
Commencement of proceedings by application notice
CRIMES (DOMESTIC AND PERSONAL VIOLENCE) ACT 2007 - SECT 50
Commencement of proceedings by application notice
50 Commencement of proceedings by application notice
(1) Application proceedings are to be commenced in a court by the issuing and
filing of an application notice in accordance with this Division.
(2) The
regulations may make provision for or with respect to the form of an
application notice for an apprehended violence order under this Division or
for the information to be included in the application notice.
(3) Without
limiting subsection (2), the regulations may require inclusion of the
following information in an application notice for an
apprehended personal violence order--
(a) whether there is an existing
commercial relationship between the applicant and the defendant,
(b) whether
there is an outstanding debt owed by the defendant to the applicant or by the
applicant to the defendant,
(c) whether there have been previous civil or
criminal proceedings between the applicant and the defendant,
(d) that it is
an offence under this Act to make a statement in the application that the
applicant knows is false or misleading in a material particular.
(4) Without
limiting subsection (2), the regulations may require inclusion of the
following information in an application notice for an
apprehended domestic violence order--
(a) whether there are any current
proceedings under the Family Law Act 1975 of the Commonwealth that may be
relevant to the application,
(b) whether any property orders have been made
or are being sought under that Act that may be relevant to the application and
the terms of those orders,
(c) if a parenting order has been made under that
Act and the application may affect that order--the basis on which the
parenting order was made and the reasons why the applicant believes that the
court (to which the application is being made) should intervene.
