Queensland Consolidated Acts

DOMESTIC AND FAMILY VIOLENCE PROTECTION ACT 2012 - SECT 41G

41G Deciding cross applications

(1) This section applies to a court hearing the following applications together under section 41C , 41D or 41E —

(a) the original application and cross application;

(b) the variation application and cross application.

(2) The court must decide—

(a) which of the parties to the relevant relationship is the person most in need of protection in the relationship; and

(b) the application that makes, or varies, the protection order that is necessary or desirable to protect the person most in need of protection from domestic violence; and

(c) if the other application is an application for a protection order—to dismiss the other application; and

(d) if the other application is an application for the variation of a protection order—to vary the order by reducing its duration so that the order ends.

(3) Despite subsection (2) , the court may make, or vary, a protection order under both applications if the court is satisfied that, in exceptional circumstances—

(a) there is clear evidence that each of the parties to the relevant relationship is in need of protection from the other party; and

(b) it is not possible to decide whether 1 party’s need for protection is greater than the other party’s need for protection.

(4) The relevant relationship mentioned in subsection (2) and (3) is the relevant relationship that exists between the persons who are the aggrieved and the respondent to—

(a) the original application and the cross application mentioned in section 41A (1) ; or

(b) the first protection order and second protection order mentioned in section 41A (2) ; or

(c) the original protection order and the cross application mentioned in section 41A (3) .