Victorian Consolidated Regulations

CHILDREN'S COURT (FAMILY VIOLENCE PROTECTION) RULES 2008

S.R. No. 156/2008
Version incorporating amendments as at  5 September 2011

TABLE OF PROVISIONS

           Rule Page
           ORDER 1.
           PRELIMINARY

   PART 1-GENERAL

   1.01.   Object
   1.02.   Authorising provisions
   1.03.   Commencement
   1.04.   Revocation

   PART 2-INTERPRETATION

   1.05.   Definitions

   PART 3-APPLICATION OF RULES

   1.06.   Definitions
   1.07.   Application
   1.08.   Former Rules continue to apply

   PART 4-MISCELLANEOUS

   1.09.   Legal representation
   1.10.   Filing of documents
   1.11.   Seal of the Court
           ORDER 2.
           NON-COMPLIANCE WITH THE RULES
   2.01.   Effect of non-compliance
   2.02.   Dispensing with compliance
           ORDER 3.
           TIME AND DOCUMENTS
   3.01.   Court may fix time
   3.02.   Content and form of documents
   3.03.   Registrar refusing to accept documents
   3.04.   Scandalous matter
           ORDER 4.
           PROCESS IN THE COURT

   PART 1-POLICE PROTECTION BEFORE COURT

   4.01.   Application to extend direction or detention

   PART 2-APPLICATIONS FOR FAMILY VIOLENCE INTERVENTION ORDERS

   4.02.   Application for a family violence intervention order
   4.03.   Application for associated final order
   4.04.   Application for variation, revocation or extension of a family violence intervention order
   4.05.   Form of consent

   PART 3-MISCELLANEOUS

   4.06.   Request for further and better particulars of application
   4.07.   Withdrawal of applications
           ORDER 5.
           SERVICE
   5.01.   Process if Court required to give documents to a person
   5.02.   Certificate of service
   5.03.   Inability to serve
   5.04.   Certificates may be filed by facsimile
   5.05.   Applications for substituted service
   5.06.   5.07 Revoked
           ORDER 6.
           STAY OF PROCEEDING
   6.01.   Stay of proceeding
   6.02.   Striking out proceeding
           ORDER 7.
           AFFIDAVITS
   7.01.   Form of affidavit
   7.02.   Affidavit by illiterate, blind or incapacitated person
   7.03.   Content of affidavit
   7.04.   Affidavit by two or more deponents
   7.05.   Alterations
   7.06.   Annexures and exhibits
   7.07.   Irregularity
   7.08.   Filing and service of affidavits
   7.09.   Service of affidavits if party is unrepresented
   7.10.   Affidavit sworn before party
           ORDER 8.
           EXPERT EVIDENCE
   8.01.   Statement or report of expert to be filed
   8.02.   Service of statement or report
   8.03.   Service of statement or report on unrepresented party
   8.04.   Putting statement or report filed by other party in evidence
           ORDER 9.
           HEARINGS
   9.01.   Order of hearing
   9.02.   No addresses
   9.03.   Absence of party
   9.04.   Alternative arrangements for giving evidence
           ORDER 10.
           ORDERS
   10.01.  Certified extracts
           ORDER 11.
           VENUE AND TRANSFER OF PROCEEDINGS
   11.01.  Venue of Court
   11.02.  Place of hearing of application
   11.03.  Venue of Court for applications under Part 11 of the Act
           ORDER 12.
           REHEARINGS
   12.01.  Application for rehearing
   12.02.  Form of application
   12.03.  Rehearing date
           ORDER 13.
           APPEALS
   13.01.  Form of notice of appeal
   13.02.  Stay of relevant decision
           ORDER 14.
           MISCELLANEOUS
   14.01.  Risk assessments
   14.02.  Revoked
   14.03.  General power of amendment
   14.04.  Directions
           __________________
           FORMS
           Form 1-Application for Rehearing
           Form 2-Notice of Appeal
           _______________
           ENDNOTES
           1. General Information
           2. Table of Amendments
           3. Explanatory Details
           ORDER 1
           PRELIMINARY
           Introductory Note
           These Rules are Rules of the Children's Court as to proceedings under the Family Violence Protection Act 2008.
           Related Rules
           These Rules are in many respects uniform with the Children's Court (Personal Safety Intervention Orders) Rules 2011 (the Personal Safety Intervention Orders Rules). Many of the Orders and Rules are drafted in the same terms as the Personal Safety Intervention Orders Rules, except so far as minor variations are required to accord with the Family Violence Protection Act 2008.
           If the Personal Safety Intervention Orders Rules include an Order or a Rule that is not included in these Rules there is a gap in the numbering of these Rules in order to maintain consistent numbering for the other Orders and Rules.

   PART 1-GENERAL