Victorian Current Acts Victorian Current ActsS. 78(1) substituted by No. 18/2010 s. 22(1).
(1) If the parties to a proceeding for a final order, or the variation, extension or revocation of a final order, consent to the making of the order or do not oppose the making of the order, the court may make the order—
(a) without being satisfied as to any matter referred to in—
(i) section 74 or 76; or
(ii) in the case of a proceeding for a variation, revocation or extension of a final order, section 100 or 106; and
(b) whether or not the respondent admits to any or all of the particulars of the application.
S. 78(2) substituted by No. 18/2010 s. 22(1).
(2) However, if the respondent is a child the court may—
(a) make a final order to which the parties consent or have not opposed only if the court is satisfied as to all relevant matters referred to in section 74 or 76; or
(b) in the case of a proceeding for a variation, revocation or extension of a final order, make an order varying, revoking or extending the final order to which the parties consent or have not opposed only if the court is satisfied as to all relevant matters referred to in section 100 or 106.
S. 78(3) amended by No. 18/2010 s. 22(2).
(3) If the application for the family violence intervention order or for the variation, revocation or extension of the family violence intervention order was made with the consent of an affected family member's parent or guardian, that parent or guardian is taken to be a party for the purposes of consenting to or not opposing the making of the order .
S. 78(4) amended by No. 18/2010 s. 22(3).
(4) Before making a final order or varying, revoking or extending a final order under subsection (1), the court may conduct a hearing in relation to the particulars of the application if, in the court's opinion, it is in the interests of justice to do so.
S. 78(5) amended by Nos 18/2010 s. 22(4), 53/2010 s. 204.
(5) A court may refuse to make a final order, or an order varying, revoking or extending a final order, to which the parties to the proceeding have consented if the court believes the order may pose a risk to the safety of one of the parties or a child of the affected family member or respondent.
S. 78(6) repealed by No. 19/2017 s. 11.
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S. 78(7) inserted by No. 18/2010 s. 22(5).
(7) Sections 102, 103, 104 and 105 continue to apply in relation to any children of the affected family member or the respondent, whether or not the court decides to make an order varying, revoking or extending a final order under subsection (1).
Division 5—Conditions of family violence intervention orders