Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) A person may apply for an order under section 29 or 29A if a * restraining order that covers property in which the person claims an * interest has been made.
(1A) An application under subsection (1):
(a) must be made to the court that made the * restraining order; and
(b) may be made at any time after the restraining order is made.
(2) However, unless the court gives leave, the person cannot apply if he or she:
(a) was notified of the application for the * restraining order, but did not appear at the hearing of that application; or
(b) appeared at the hearing of that application.
(3) The court may give the person leave to apply if the court is satisfied that:
(a) if paragraph (2)(a) applies--the person had a good reason for not appearing; or
(b) if paragraph (2)(b) applies--the person now has evidence relevant to the person's application that was not available to the person at the time of the hearing; or
(c) in either case--there are other special grounds for granting the leave.
(4) The person must give written notice to the * responsible authority of both the application and the grounds on which the exclusion is sought.
(5) The * responsible authority may appear and adduce evidence at the hearing of the application.
(6) The * responsible authority must give the person notice of any grounds on which it proposes to contest the application. However, the authority need not do so until it has had a reasonable opportunity to conduct * examinations in relation to the application.