Victorian Consolidated Regulations

MAGISTRATES' COURT (FAMILY VIOLENCE PROTECTION) RULES 2008

S.R. No. 157/2008
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
   4.02.   Process for filing family violence safety notices

   PART 2-APPLICATIONS FOR FAMILY VIOLENCE INTERVENTION ORDERS

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

   PART 3-MISCELLANEOUS

   4.07.   Request for further and better particulars of application
   4.08.   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.
           SUBPOENAS
   7.01.   Attendance by subpoena
   7.02.   Address of subpoena
   7.03.   Service
   7.04.   Conduct money
   7.05.   Setting aside
   7.06.   Production before date of attendance
           ORDER 8.
           AFFIDAVITS
   8.01.   Form of affidavit
   8.02.   Affidavit by illiterate, blind or incapacitated person
   8.03.   Content of affidavit
   8.04.   Affidavit by two or more deponents
   8.05.   Alterations
   8.06.   Annexures and exhibits
   8.07.   Irregularity
   8.08.   Filing and service of affidavits
   8.09.   Service of affidavits if party is unrepresented
   8.10.   Affidavit sworn before party
           ORDER 9.
           EXPERT EVIDENCE
   9.01.   Statement or report of expert to be filed
   9.02.   Service of statement or report
   9.03.   Service of statement or report on unrepresented party
   9.04.   Putting statement or report filed by other party in evidence
           ORDER 10.
           HEARINGS
   10.01.  Order of hearing
   10.02.  No addresses
   10.03.  Absence of party
   10.04.  Alternative arrangements for giving evidence
           ORDER 11.
           ORDERS
   11.01.  Certified extracts
           ORDER 12.
           VENUE AND TRANSFER OF PROCEEDINGS
   12.01.  Venue of Court
   12.02.  Place of hearing of application
   12.03.  Venue of Court for applications under Part 11 of the Act
           ORDER 13.
           REHEARINGS
   13.01.  Application for rehearing
   13.02.  Form of application
   13.03.  Rehearing date
           ORDER 14.
           APPEALS
   14.01.  Form of notice of appeal
   14.02.  Stay of relevant decision
           ORDER 15.
           MISCELLANEOUS
   15.01.  Risk assessments
   15.02.  Revoked
   15.03.  General power of amendment
   15.04.  Directions
           __________________
           FORMS
           Form 1-Subpoena
           Form 2-Application for Rehearing
           Form 3-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 Magistrates' Court as to proceedings under the Family Violence Protection Act 2008.
           Related Rules
           These Rules are in many respects uniform with the Magistrates' 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