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PERSONAL SAFETY INTERVENTION ORDERS ACT 2010 - SECT 99 Rehearing of certain proceeding

PERSONAL SAFETY INTERVENTION ORDERS ACT 2010 - SECT 99

Rehearing of certain proceeding

S. 99(1) amended by No. 42/2014 s. 131(1).

    (1)     The respondent for a final order may, in accordance with the rules, apply to the court for a rehearing of the proceeding only if—

        (a)     the application for the order—

              (i)     was not personally served on the respondent; and

              (ii)         was not brought to the respondent's attention under an order for substituted service; or

        (b)     there are exceptional circumstances and a rehearing is fair and just in all the circumstances of the case.

    (2)     If the court is satisfied, on the balance of probabilities, that the grounds referred to in subsection (1) have been established, the court may rehear the matter.

S. 99(3) amended by No. 42/2014 s. 131(2).

    (3)     An application under this section does not operate as a stay of the final order.

    (4)     If an applicant under this section fails to attend at the time fixed for the hearing of the application and the application is struck out, the applicant may reapply only with the leave of the court.

S. 99(5) repealed by No. 42/2014 s. 131(3).

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Division 12—Contravention of personal safety intervention order