Victorian Consolidated Legislation

Family Violence Protection Act 2008 - SECT 61

Mention date

61. Mention date



(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.