Queensland Consolidated Acts

DOMESTIC AND FAMILY VIOLENCE PROTECTION ACT 2012 - SECT 41F

41F Hearing of application—existing protection order

(1) Subsections (2) and (3) apply if—

(a) a protection order has been made by a court; and

(b) an application for another protection order has been made and is before the same court or another court; and

(c) a person named as a respondent in the protection order is named as the aggrieved in the application; and

(d) the person named as the aggrieved in the protection order is named as a respondent in the application.

(2) Each person who is a party to a proceeding for the application and is aware of the protection order must inform the court to which the application was made about the order.

(3) The court hearing the application must take into account the court records relating to the making of the protection order.

(4) Subsections (5) and (6) apply if—

(a) 2 protection orders have been made by the same court or by different courts; and

(b) a person named as a respondent in one of the protection orders (the
"first protection order" ) is named as the aggrieved in the other protection order (the
"second protection order" ); and

(c) the person named as the aggrieved in the first protection order is named as a respondent in the second protection order; and

(d) an application to vary either of the protection orders has been made and is before a court.

(5) Each person who is a party to a proceeding for the application and is aware of either protection order must inform the court to which the application was made about the order.

(6) The court hearing the application must take into account the court records relating to the making of both protection orders.

(7) In this section—

"party" includes an aggrieved.