Queensland Consolidated Acts

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DOMESTIC AND FAMILY VIOLENCE PROTECTION ACT 2012 - SECT 157A

Reopening particular proceedings decided in respondent’s absence

157A Reopening particular proceedings decided in respondent’s absence

(1) The respondent to an application to make or vary a protection order may apply to the court to reopen the proceeding for the application if—
(a) the application was served on the respondent under a substituted service order; and
(b) the application was not, and could not reasonably have been, brought to the respondent’s attention, despite being served in a way stated in the substituted service order; and
(c) the respondent was not present in court when the application was heard and decided.
(2) The respondent must make an application to reopen the proceeding within 28 days after the day on which the respondent became aware that the protection order the subject of the application had been made or varied.
(3) The court may reopen the proceeding if the court is satisfied the grounds mentioned in subsection (1) are established.
(4) If the proceeding is reopened and the respondent fails to appear before the court that is to rehear and decide the reopened proceeding, the respondent may only make another application under this section with the leave of the court.



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