MAGISTRATES COURT OF THE AUSTRALIAN CAPITAL TERRITORY

PRACTICE DIRECTION NO. 1 OF 2010

Hearing Applications For Interim Orders Under Part 4 Of The
Domestic Violence And Protection Orders Act 2008

1.   On 1 July 2010, the Court Procedures Rules 2006 were amended to allow for the Registrar,  and  any  Deputy  Registrar  authorised  by  the  Chief  Magistrate,  to exercise the power of the Court to make interim protection orders under the Domestic Violence and Protection Orders Act 2008, (see rule 6251).

2.   The purpose of the change is to allow for a more efficient use of the Court’s judicial resources, whilst recognising the need for these applications to be heard as quickly as the interests of justice allow.

3.   This Practice Direction will commence on 23 July 2010.

4.   The  Registrar,  or  any  authorised  Deputy  Registrar,  will  not  exercise  the jurisdiction of the Court with respect to applications falling within the ambit of this Practice Direction in circumstances where the making of an interim order will result in the exclusion of a respondent from property in which they hold a proprietary interest. In such cases the application for an interim order will be referred to a Magistrate for determination.

5.   Further, in situations where an application for an interim order is refused by the Registrar (or authorised Deputy Registrar), the applicant will be entitled to renew their application before a Magistrate. It is anticipated that a renewed application will  be  heard  by  a  Magistrate  on  the  same  day  as  the  original  application, wherever possible.

6.   The Registrar and any authorised Deputy Registrar will have an obligation to advise an applicant where an application for an interim order is refused, of his/her entitlement to renew the application before a Magistrate, and to facilitate any such further application if that is requested.

7.   Until  a  further  notice  amending  this  Practice  Direction  is  published  only  the
Registrar and the Deputy Registrar holding the position of Legal Manager (or

anyone acting in these positions) will exercise the power delegated under rule
6251.

Dated 	July 2010

By direction of the Chief Magistrate and Magistrates

J D Burns

Chief Magistrate