Queensland Consolidated Acts

DOMESTIC AND FAMILY VIOLENCE PROTECTION ACT 2012 - SECT 41E

41E Hearing of applications—unreasonable notice of cross application

(1) Subsection (2) applies if the cross application mentioned in section 41A (1) (b) is not served, within a reasonable period, on a respondent to the cross application who is also the aggrieved named in the original application.

(2) The court may hear the cross application before the original application or together with the original application only if the aggrieved named in the original application consents.

(3) Subsection (4) applies if the cross application mentioned in section 41A (2) (d) (ii) is not served, within a reasonable period, on a respondent to the cross application who is also the applicant for the original application.

(4) The court may hear the cross application before the original application or together with the original application only if the applicant for the original application consents.

(5) Subsection (6) applies if the cross application mentioned in section 41A (3) (c) is not served, within a reasonable period, on a respondent to the cross application who is also the applicant for the variation application.

(6) The court may hear the cross application before the variation application or together with the variation application only if the applicant for the variation application consents.

(7) If the consent mentioned in subsection (2) , (4) or (6) is not given, the court must—

(a) adjourn the hearing of the cross application; and

(b) if the cross application has not been served on the respondent to the application mentioned in subsection (1) , (3) or (5) —set a date by which the application is to be served.

(8) Subsection (9) applies if the variation application mentioned in section 41A (3) (b) is not served, within a reasonable period, on a respondent to the variation application who is also the aggrieved named in the cross application.

(9) The court may hear the variation application before the cross application or together with the cross application only if the aggrieved named in the cross application consents.

(10) If the consent mentioned in subsection (9) is not given, the court must—

(a) adjourn the hearing of the variation application; and

(b) if the variation application has not been served on the aggrieved named in the cross application—set a date by which the application is to be served.

(11) In this section—

"reasonable period" means—

(a) at least 1 business day before the day of the hearing of the original application or variation application; or

(b) within a longer period before the day of the hearing of the original application or variation application the court considers is reasonable in the circumstances.