New South Wales Consolidated Acts

CRIMES (DOMESTIC AND PERSONAL VIOLENCE) ACT 2007 - SECT 50

50 Commencement of proceedings by application notice

(1) Application proceedings are to be commenced in a court by the issuing and filing of an application notice in accordance with this Division.

(2) The regulations may make provision for or with respect to the form of an application notice for an apprehended violence order under this Division or for the information to be included in the application notice.

(3) Without limiting subsection (2), the regulations may require inclusion of the following information in an application notice for an apprehended personal violence order--

(a) whether there is an existing commercial relationship between the applicant and the defendant,

(b) whether there is an outstanding debt owed by the defendant to the applicant or by the applicant to the defendant,

(c) whether there have been previous civil or criminal proceedings between the applicant and the defendant,

(d) that it is an offence under this Act to make a statement in the application that the applicant knows is false or misleading in a material particular.

(4) Without limiting subsection (2), the regulations may require inclusion of the following information in an application notice for an apprehended domestic violence order--

(a) whether there are any current proceedings under the Family Law Act 1975 of the Commonwealth that may be relevant to the application,

(b) whether any property orders have been made or are being sought under that Act that may be relevant to the application and the terms of those orders,

(c) if a parenting order has been made under that Act and the application may affect that order--the basis on which the parenting order was made and the reasons why the applicant believes that the court (to which the application is being made) should intervene.