Queensland Consolidated Regulations

DOMESTIC AND FAMILY VIOLENCE PROTECTION RULES 2014

- Made under the Magistrates Courts Act 1921
- As at 20 September 2024
- Reg 322 of 2014

TABLE OF PROVISIONS

   PART 1 - PRELIMINARY

   1.      Short title
   2.      Commencement
   3.      Application
   4.      Dictionary
   5.      Main objects of rules
   6.      Failure to comply with rules

   PART 2 - FILING DOCUMENTS IN PROCEEDING

   7.      What pt 2 is about
   8.      DFVP application may be filed in registry in any district or region
   9.      How documents may be filed—general
   9A.     How particular parties may file documents electronically
   9B.     Approvals given by principal registrar
   10.     Change of address for service or email to be filed in DFVP court registry

   PART 3 - NOTICE OF PROCEEDINGS

           Division 1 - Preliminary

   11.     What pt 3 is about

           Division 2 - Service

   12.     How personal service is performed
   13.     Proof of personal service
   14.     Statement of police service
   14AA.   Affidavit of attempted personal service
   14AB.   Statement of substituted police service
   14A.    Affirming statement of police service or statement of substituted police service
   15.     How ordinary service is performed
   16.     Informal service
   17.     Service outside the State

           Division 3 - Informing named person of proceeding

   18.     Giving notice of proceeding to named person

           Division 4 - Informing police commissioner of particular matters

   19.     Obligation to inform police commissioner if suspended domestic violence order is to be revived
   19A.    Obligation to inform police commissioner of particular application for substituted service order

           Division 5 - Copy of criminal history and domestic violence history

   19B.    Obligation to give respondent copy of criminal history and domestic violence history

   PART 4 - CONDUCT OF PROCEEDINGS

           Division 1 - Preliminary

   20.     What pt 4 is about

           Division 2 - Directions in proceeding

   21.     What div 2 is about
   22.     Directions that may be issued by DFVP court for proceeding
   23.     Matters relevant to making order or issuing direction
   24.     Order made or direction issued may be inconsistent with rules
   25.     Revoking or varying order made or direction issued under rules
   26.     Failure to comply with DFVP court directions

           Division 3 - Litigation guardians

   27.     Who may be litigation guardian
   28.     Litigation guardian for aggrieved
   29.     Litigation guardian for named person or respondent
   30.     Litigation guardian involvement in proceeding for person with impaired capacity
   31.     Considering respondent’s impaired capacity if respondent does not attend hearing

   PART 5 - EVIDENCE IN PROCEEDING

           Division 1 - Preliminary

   32.     What pt 5 is about

           Division 2 - Evidence generally

   33.     Evidence in other proceedings
   34.     Tendering media exhibit at hearing

           Division 3 - Affidavits

   35.     Requirements for affidavits
   36.     Swearing or affirming affidavits
   37.     Filing affidavit

           Division 4 - Subpoenas

   38.     What div 4 is about
   39.     Requesting subpoena
   40.     Subpoena requirements
   41.     Setting aside subpoena
   42.     Way person complies with subpoena for production
   43.     Giving media exhibit under subpoena
   44.     Costs of complying with subpoena if non-party
   45.     Inspecting subpoenaed documents
   46.     Return of subpoenaed documents or things

           Division 5 - Access to documents

   47.     Accessing documents from registry

           Division 6 - Return of exhibits

   48.     Return of exhibits

   PART 6 - ENDING PROCEEDINGS EARLY

   49.     What pt 6 is about
   50.     Withdrawal of DFVP application
   50A.    Notice DFVP application has been withdrawn

   PART 7 - COSTS

   51.     What pt 7 is about
   52.     Assessing costs in a proceeding
           SCHEDULE 1
           SCHEDULE 2