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DOMESTIC AND FAMILY VIOLENCE PROTECTION ACT 2012 - SECT 41C Hearing of applications—cross applications before same court

DOMESTIC AND FAMILY VIOLENCE PROTECTION ACT 2012 - SECT 41C

Hearing of applications—cross applications before same court

41C Hearing of applications—cross applications before same court

(1) This section applies if—
(a) either—
(i) the original application and cross application are before the same court; or
(ii) the variation application and cross application are before the same court; and
(b) the court is aware of both applications.
(2) The court must—
(a) hear the applications together unless the court considers it is necessary to hear the applications separately for the safety, protection or wellbeing of the person named as the aggrieved in the original application, the original protection order or the cross application; and
(b) in hearing the applications, consider the principle mentioned in section 4 (2) (e) .
(3) If the court decides to hear the applications separately, the court must give reasons for the decision.
(4) If the court decides to adjourn the hearing of either application or both applications, the court must consider whether to make a temporary protection order under division 2 in relation to each adjourned hearing.