Territory Stories

Explanatory Statement Domestic and Family Violence Amendment Bill 2010 (Serial 128)

Details:

Title

Explanatory Statement Domestic and Family Violence Amendment Bill 2010 (Serial 128)

Other title

Tabled paper 1002

Collection

Tabled Papers for 11th Assembly 2008 - 2012; Tabled Papers; ParliamentNT

Date

2010-10-20

Description

Tabled By Delia Lawrie

Notes

Made available by the Legislative Assembly of the Northern Territory under Standing Order 240. Where copyright subsists with a third party it remains with the original owner and permission may be required to reuse the material.

Language

English

Subject

Tabled papers

File type

application/pdf

Use

Copyright

Copyright owner

See publication

License

https://www.legislation.gov.au/Details/C2019C00042

Parent handle

https://hdl.handle.net/10070/281116

Citation address

https://hdl.handle.net/10070/415216

Page content

5 Clause 7. Insertion of section 35A (Vexatious applications and proceedings) Clause 7 inserts a new provision, section 35A, in Part 2.3 Division 3 which provides that the Court may refuse to hear an application or may order a stay of proceeding if satisfied that the application for a DVO is frivolous, vexatious or an abuse of the process of the Court. The Court must notify parties of the decision to refuse to hear the application or order a stay of the proceeding. This amendment allows the Court to refuse to hear.an application or to order a stay of proceeding where it is apparent that the application for a DVO is frivolous, vexatious or an abuse of process. o Clause 8. Amendment of section 36 (Notice of DVO) Clause 8 inserts a note at the end of section 36 which notes that, under section 119, a copy of a DVO is given to the defendant if the defendant is before the Court when the DVO is made and otherwise that a copy of the DVO may be given to the defendant in any of the ways mentioned in section 119. This amendment is intended to draw the attention of users of the Act to the manner in which a DVO may be given to a defendant as set out within section 119 of the Act. o Clause 9. Amendment of section 40 (Notice of DVO) Clause 9 inserts a note at the end of section 40 which notes that, under section 119, a copy of a DVO is given to the defendant if the defendant is before the Court or clerk when the DVO is made and otherwise that a copy of the DVO may be given to the defendant in any of the ways mentioned in section 119. This amendment is intended to draw the attention of users of the Act to the manner in which a DVO may be given to a defendant as set out within section 119 of the Act.