Queensland Numbered Acts

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DOMESTIC AND FAMILY VIOLENCE PROTECTION ACT 2012 No. 5 - SECT 41

41 Hearing of cross applications

(1) Subsection (2) applies if—

(a) an application (the original application) for a protection order has been made and is before a court; and
(b) a second application (the cross application) for a protection order has been made and is before the same court or another court; and
(c) a person named as a respondent in the original application is named as the aggrieved in the cross application; and
(d) the person named as the aggrieved in the original application is named as a respondent in the cross application.

(2) Either court mentioned in subsection (1)—

(a) may order that the application before the court be dealt with by the other court; or
(b) may hear the original application and the cross application together.

(3) Subsection (4) applies if—

(a) a protection order has been made by a court; and
(b) an application (the cross application) for a 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 cross application; and
(d) the person named as the aggrieved in the protection order is named as a respondent in the cross application.

(4) The court hearing the cross application may take into account the court records relating to the making of the protection order.



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