{"id":"sr:childrens-court-family-violence-protection-rules-2018","name":"Children's Court (Family Violence Protection) Rules 2018","slug":"children-s-court-family-violence-protection-rules-2018","collection":"regulation","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":181487,"registerId":"vic-sr:childrens-court-family-violence-protection-rules-2018-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Children's Court (Family Violence Protection) Rules 2018","content":"Version No. 003\n\n**Children's Court (Family Violence Protection) Rules 2018**\n\n**S.R. No. 169/2018**\n\nVersion incorporating amendments as at  \n17 November 2020\n\n**TABLE OF PROVISIONS**\n\n*Rule Page*\n\nOrder 1—Preliminary 1\n\nPart 1—General 1\n\n1.01 Object 1\n\n1.02 Authorising provisions 2\n\n1.03 Commencement 2\n\n1.04 Revocations 2\n\nPart 2—Interpretation 2\n\n1.05 Definitions 2\n\nPart 3—Application of Rules 3\n\n1.07 Application 3\n\nPart 4—Miscellaneous 4\n\n1.09 Legal representation 4\n\n1.10 Filing of documents 5\n\n1.11 Seal of the Court 5\n\nOrder 2—Non-compliance with the Rules 6\n\n2.01 Effect of non-compliance 6\n\n2.02 Dispensing with compliance 6\n\nOrder 3—Time and documents 7\n\n3.01 Court may fix time 7\n\n3.02 Content and form of documents 7\n\n3.03 Registrar refusing to accept documents 7\n\n3.04 Scandalous matter 7\n\nOrder 4—Process in the Court 9\n\nPart 1—Police protection before court 9\n\n4.01 Application to extend direction or detention 9\n\nPart 2—Applications for family violence intervention orders 10\n\n4.02 Application for a family violence intervention order 10\n\n4.03 Application for associated final order 11\n\n4.04 Application for variation, revocation or extension of a family violence intervention order 13\n\n4.05 Form of consent 14\n\nPart 3—Miscellaneous 15\n\n4.06 Request for further and better particulars of application 15\n\n4.07 Withdrawal of applications 16\n\nOrder 5—Service and related matters 17\n\nPart 1—Giving of documents by Court 17\n\n5.01 Process if Court required to give documents to a person 17\n\nPart 2—Matters relating to service 18\n\n5.02 Certificate of service 18\n\n5.03 Inability to serve 18\n\n5.04 Filing of certificates under Rule 5.02 or 5.03 19\n\nOrder 6—Stay of proceeding 20\n\n6.01 Stay of proceeding 20\n\n6.02 Striking out proceeding 20\n\nOrder 7—Affidavits 21\n\n7.01 Form of affidavit 21\n\n7.02 Affidavit by illiterate, blind or incapacitated person 21\n\n7.03 Content of affidavit 22\n\n7.04 Affidavit by 2 or more deponents 22\n\n7.05 Alterations 22\n\n7.06 Annexures and exhibits 22\n\n7.07 Irregularity 23\n\n7.08 Filing and service of affidavits 23\n\n7.09 Service of affidavits if party is unrepresented 24\n\n7.10 Affidavit sworn or affirmed before party 24\n\nOrder 8—Expert evidence 25\n\n8.01 Statement or report of expert to be filed 25\n\n8.02 Service of statement or report 26\n\n8.03 Service of statement or report on unrepresented party 26\n\n8.04 Putting statement or report filed by other party in evidence 26\n\nOrder 9—Hearings 27\n\n9.01 Order of hearing 27\n\n9.02 No addresses 27\n\n9.03 Absence of party 27\n\n9.04 Alternative arrangements for giving evidence 27\n\nOrder 10—Orders and related matters 29\n\n10.01 Certified extracts 29\n\n10.02 Form of written explanation of interim family violence order 29\n\n10.03 Form of written explanation of final family violence order 29\n\nOrder 11—Venue and transfer of proceedings 30\n\n11.01 Filing of applications 30\n\n11.02 Place of hearing of application 31\n\nOrder 12—Rehearings 32\n\n12.01 Application for rehearing 32\n\n12.02 Form of application 32\n\n12.03 Rehearing date 32\n\nOrder 13—Appeals 33\n\n13.01 Form of notice of appeal 33\n\n13.02 Stay of relevant decision 33\n\nOrder 14—Miscellaneous 34\n\n14.01 Risk assessments 34\n\n14.02 General power of amendment 34\n\n14.03 Directions 34\n\nOrder 15—Procedure under the Vexatious Proceedings Act 2014 35\n\nPart 1—Interpretation 35\n\n15.01 Definitions 35\n\nPart 2—Applications and notices 35\n\n15.02 Applications for leave to apply for extended litigation restraint orders that relate to intervention order legislation 35\n\n15.03 Applications for extended litigation restraint orders that relate to intervention order legislation 35\n\n15.04 Applications for acting in concert orders—intervention order legislation 36\n\n15.05 Application for leave to proceed under extended litigation restraint order that relates to intervention order legislation 36\n\n15.06 Application for leave to proceed under general litigation restraint order 36\n\n15.07 Notice of applications 37\n\n15.08 Application for leave to apply for variation or revocation of extended litigation restraint order that relates to intervention order legislation 37\n\n15.09 Application to vary or revoke extended litigation restraint order that relates to intervention order legislation 37\n\n15.10 Notice of application to vary or revoke litigation restraint order 37\n\nPart 3—Provisions applying to applications 38\n\n15.11 Application of Part 38\n\n15.12 Service of applications 38\n\n15.13 Day for hearing 39\n\n15.14 Adjournment 39\n\n15.15 Absence of party to application 40\n\nForm 1AA—Explanation of interim family violence intervention order 41\n\nForm 1AB—Explanation of final family violence intervention order 45\n\nForm 1—Application for rehearing 48\n\nForm 2—Notice of Appeal 50\n\nForm 3—Application for leave to apply for extended litigation restraint order 52\n\nForm 4—Application for extended litigation restraint order 54\n\nForm 5—Application for acting in concert order 56\n\nForm 6—Application for leave to continue proceeding by person subject to extended litigation restraint order 58\n\nForm 7—Application for leave to commence proceeding by person subject to extended litigation restraint order 60\n\nForm 8—Application for leave to continue proceeding by person subject to general litigation restraint order 62\n\nForm 9—Application for leave to commence proceeding by person subject to general litigation restraint order 64\n\nForm 10—Notice of application for leave to proceed 66\n\nForm 11—Application for leave to apply to vary or revoke extended litigation restraint order 67\n\nForm 12—Application to vary or revoke extended litigation restraint order 69\n\nForm 13—Notice of application to vary or revoke extended litigation restraint order 71\n\n═════════════\n\nEndnotes 73\n\n1 General information 73\n\n2 Table of Amendments 75\n\n3 Amendments Not in Operation 76\n\n4 Explanatory details 77\n\n**Version No.** **003**\n\n**Children's Court (Family Violence Protection) Rules 2018**\n\n**S.R. No. 169/2018**\n\nVersion incorporating amendments as at  \n17 November 2020\n\nThe President of the Children's Court together with 2 Magistrates for that Court jointly make the following  \nRules:\n\nOrder 1—Preliminary\n\n**Introductory Note**\n\nThese Rules are Rules of the Children's Court as to proceedings under the **Family Violence Protection Act 2008**.\n\n*Related Rules*\n\nThese Rules are in many respects uniform with the Children's Court (Personal Safety Intervention Orders) Rules 2011[[1]](#endnote-1) (\"the Personal Safety Intervention Orders Rules\"). Many of the Orders and Rules are drafted in the same terms as the Personal Safety Intervention Orders Rules, except so far as minor variations are required to accord with the **Family Violence Protection Act 2008**.\n\nIf the Personal Safety Intervention Orders Rules include an Order or a Rule that is not included in these Rules, there is a gap in the numbering of these Rules in order to maintain consistent numbering for the other Orders and Rules.\n\nPart 1—General\n\n\t1.01 Object\n\nThe object of these Rules is to make rules of procedure for proceedings in the Children's Court under the **Family Violence Protection Act 2008**.\n\n\t1.02 Authorising provisions\n\nThese Rules are made under section 210 of the **Family Violence Protection Act 2008** and all other enabling powers.\n\n\t1.03 Commencement\n\nThese Rules come into operation on 3 December 2018.\n\n\t1.04 Revocations\n\nThe following Rules are **revoked**—\n\n(a) the Children's Court (Family Violence Protection) Rules 2008[[2]](#endnote-2);\n\n(b) the Children's Court (Family Violence Protection) (Amendment No. 1) Rules 2011[[3]](#endnote-3).\n\nPart 2—Interpretation\n\n\t1.05 Definitions\n\nIn these Rules, unless the context or subject matter otherwise requires—\n\n***barrister*** has the same meaning as it has in the Legal Profession Uniform Law (Victoria);\n\n***Court*** means—\n\n(a) the Family Division of the Children's Court; or\n\n(b) the Neighbourhood Justice Division of the Children's Court;\n\n***proceeding***, unless the contrary intention appears, means—\n\n(a) any matter in the Court commenced by application under the **Family Violence Protection Act 2008**; or\n\n(b) any matter in the Court—\n\n(i) that was commenced by application under the **Personal Safety Intervention Orders Act 2010**; and\n\n(ii) in respect of which a Court has made a determination under section 176E(2)(b) of the **Family Violence Protection Act 2008**;\n\n***risk assessment*** means a summary relating to an affected family member's or a protected person's risk of family violence;\n\n***solicitor*** has the same meaning as it has in the Legal Profession Uniform Law (Victoria) and includes an incorporated legal practice as defined in that Law;\n\n***the Act*** means the **Family Violence Protection Act 2008**.\n\nPart 3—Application of Rules\n\n\t1.07 Application\n\n(1) These Rules apply to—\n\n(a) every proceeding commenced under the Act in the Court on or after 3 December 2018, other than a proceeding in respect of which a determination has been made under section 136(2)(b) of the **Personal Safety Intervention Orders Act 2010**; and\n\n(b) every proceeding commenced under the **Personal Safety Intervention Orders Act 2010** in respect of which a determination has been made under section 176E(2)(b) of the Act.\n\n(2) These Rules apply, so far as applicable and with any necessary modification, to every appeal commenced under Division 9 of Part 4 of the Act on or after 3 December 2018.\n\n**Note**\n\nThere is currently no Rule 1.06 or 1.08.\n\nPart 4—Miscellaneous\n\n\t1.09 Legal representation\n\n(1) Subject to the Act and the **Children, Youth and Families Act 2005**, a party may appear in person or with legal representation.\n\n(2) If a party obtains legal representation—\n\n(a) the representative must as soon as practicable notify the Court that the representative represents that party;  \nand\n\n(b) the representative must inform the Court as soon as practicable if the representative ceases to represent the  \nparty.\n\n(3) A notification to the Court under subrule (2)(a) must—\n\n(a) specify whether the legal representative is a solicitor or a barrister; and\n\n(b) provide the legal representative's address, telephone number, fax number and email address.\n\nRule 1.10 substituted by S.R. No. 127/2020 rule 10.\n\n\t1.10 Filing of documents\n\nExcept where otherwise provided by these Rules or unless the Court otherwise orders, a document is filed—\n\n(a) by being lodged with the registrar in the office of the Court at the proper venue of the Court; or\n\n(b) in accordance with Order 3 of the Children's Court Authentication and Electronic Transmission Rules 2020, if applicable.\n\n**Note**\n\n***Proper venue*** is defined in section 3(1) of the **Children, Youth and Families Act 2005**.\n\n\t1.11 Seal of the Court\n\n(1) The principal registrar and every registrar must each have in the registrar's custody a stamp in a design that is as near as practicable the same as the design of the seal of the Court with the addition of, in the case of—\n\n(a) the principal registrar, the words \"Principal Registrar\";\n\n(b) a registrar, the word \"Registrar\".\n\n(2) Marking a document or a copy of a document with a stamp referred to in subrule (1) is sufficient compliance with any requirements of these Rules or an order of the Court that the document or copy be sealed with the seal of the Court.\n\nOrder 2—Non-compliance with the Rules\n\n\t2.01 Effect of non-compliance\n\n(1) A failure to comply with these Rules is an irregularity and does not render a proceeding or a step taken, or any document or order therein, a nullity.\n\n(2) If there has been a failure to comply with these Rules, the Court may exercise its powers under these Rules to allow amendments and to make orders dealing with the proceeding generally.\n\n\t2.02 Dispensing with compliance\n\nSubject to the Act, the Court may dispense with compliance with any of the requirements of these Rules, either before or after the occasion for compliance arises.\n\nOrder 3—Time and documents\n\n\t3.01 Court may fix time\n\nIf no time is fixed by the Act or these Rules for doing any act in a proceeding, the Court may fix a time.\n\n\t3.02 Content and form of documents\n\n(1) The Court may require any document in a proceeding to be prepared in any manner it thinks fit.\n\n(2) If a document for use in the Court is not prepared in accordance with these Rules or any order of the Court—\n\n(a) the registrar may refuse to accept it for filing without the direction of the Court; or\n\n(b) the Court may order that the party responsible is not entitled to rely on it in any manner in the proceeding until a document which is properly prepared is  \nfiled.\n\n\t3.03 Registrar refusing to accept documents\n\n(1) A registrar may refuse to accept a document if the registrar considers that the form or contents of the document show that the document, if accepted, would be an abuse of the process of the Court.\n\n(2) The Court may direct the registrar to accept a document for filing.\n\n\t3.04 Scandalous matter\n\nIf a document for use in the Court contains scandalous, irrelevant or otherwise oppressive matter, the Court may order—\n\n(a) that the offending matter be deleted; or\n\n(b) if the document has been filed, that it be taken off the file.\n\nOrder 4—Process in the Court\n\nPart 1—Police protection before court\n\n\t4.01 Application to extend direction or detention\n\nFor the purposes of an application under section 19 or 20 of the Act, the following particulars are prescribed—\n\n(a) the name, rank, number and station of the police officer making the application;\n\n(b) the name, date of birth and gender of the person who has been directed or detained;\n\n(c) the name, rank, number and station of the police officer who issued the direction;\n\n(d) the time, date and place that the direction was issued;\n\n(e) the grounds for issuing the direction;\n\n(f) if the person has been detained—\n\n(i) whether the person refused or failed to comply with the direction; and\n\n(ii) the time and date that the person was apprehended and detained;\n\n(g) the location of the person who has been directed or detained;\n\n(h) the time and date of making the application;\n\n(i) the duration of the direction or detention at the time of making the application;\n\n(j) the proposed period of the extension;\n\n(k) the grounds for making the application.\n\nPart 2—Applications for family violence intervention orders\n\n\t4.02 Application for a family violence intervention order\n\n(1) For the purposes of an application for a family violence intervention order under section 43 or 44 of the Act, the following information is prescribed—\n\n(a) the name of the applicant;\n\n(b) the capacity in which the applicant applies;\n\n(c) the name and date of birth of each affected family member;\n\n(d) if the applicant is not the affected family member or a police officer—\n\n(i) whether the affected family member consents to the making of the application; or\n\n(ii) if the affected family member is a child, whether a parent of the child consents to the making of the application; or\n\n(iii) if the affected family member has a guardian, whether the guardian consents to the making of the application;\n\n(e) whether the applicant requires leave of the Court to make the application;\n\n(f) the name, date of birth and address of the respondent;\n\n(g) the relationship between the respondent and the affected family member;\n\n(h) the reasons for seeking the order;\n\n(i) the nature of the family violence alleged;\n\n(j) the conditions on the order sought;\n\n(k) whether a warrant is sought for the arrest of the respondent;\n\n(l) details of any relevant Family Law Act order or child protection order, or any current application for a relevant Family Law Act order or child protection order;\n\n(m) details of any previous application or order made, or family violence safety notice issued under the Act;\n\n(n) whether the respondent holds—\n\n(i) a firearms authority; or\n\n(ii) a weapons approval; or\n\n(iii) a weapons exemption;\n\n(o) whether an affected family member or the respondent has a disability;\n\n(p) whether an affected family member or the respondent is of Aboriginal or Torres Strait Islander descent.\n\n(2) If the applicant seeks a warrant for the respondent's arrest, the application must set out the reasons why a warrant is sought.\n\n\t4.03 Application for associated final order\n\n(1) An application for an associated final order under section 76 of the Act must include the following—\n\n(a) the name of the applicant;\n\n(b) the capacity in which the applicant applies;\n\n(c) the names of the parties to the application for the original family violence intervention order, or the original order (as the case requires);\n\n(d) the court reference number for the original application, or the date of the final order (as the case requires);\n\n(e) the reasons for seeking the order;\n\n(f) the conditions of the order sought;\n\n(g) details of any relevant Family Law Act order or child protection order, or any current application for a relevant Family Law Act order or child protection order.\n\n(2) If the application is for an associated final order against an additional respondent, the application must also—\n\n(a) give the name, date of birth and address of the additional respondent; and\n\n(b) set out how the additional respondent is an associate of the respondent; and\n\n(c) if the applicant is not the protected person or a police officer, state—\n\n(i) whether the protected person consents to the making of the application; or\n\n(ii) if the protected person is a child, whether a parent of the child consents to the making of the application; or\n\n(iii) if the protected person has a guardian, whether the guardian consents to the making of the application.\n\n(3) If the application is for an associated final order to protect an additional applicant, the application must also—\n\n(a) state the name and date of birth of each additional applicant; and\n\n(b) set out how each additional applicant is an associate of the protected person; and\n\n(c) if the applicant for the associated final order is not the additional applicant or a police officer—\n\n(i) whether the additional applicant consents to the making of the application; or\n\n(ii) if the additional applicant is a child, whether a parent of the child consents to the making of the application; or\n\n(iii) if the additional applicant has a guardian, whether the guardian consents to the making of the application.\n\n\t4.04 Application for variation, revocation or extension of a family violence intervention order\n\n(1) For the purposes of sections 100 and 106 of the Act, an application for a variation, revocation or extension of a family violence intervention order must include the following particulars—\n\n(a) the names of the parties to the proceeding in which the order was made;\n\n(b) the name of the applicant for the variation, revocation or extension;\n\n(c) the capacity in which the applicant applies;\n\n(d) if the applicant is not the protected person or a police officer—\n\n(i) whether the protected person consents to the making of the application; or\n\n(ii) if the protected person is a child, whether a parent of the child consents to the making of the application; or\n\n(iii) if the protected person has a guardian, whether the guardian consents to the making of the application;\n\n(e) whether the applicant requires leave of the Court to make the application;\n\n(f) the date of making the family violence intervention order;\n\n(g) whether any other persons have become family members of the respondent since the family violence intervention order was made;\n\n(h) the reasons for seeking a variation, revocation or extension;\n\n(i) details of any relevant Family Law Act order or child protection order, or any current application for a relevant Family Law Act order or child protection order;\n\n(j) if the application is for a variation, the conditions of the variation sought;\n\n(k) if the application is for an extension, the duration of the extension sought.\n\n(2) If the respondent applies for the variation or revocation of the family violence intervention order, the application must also set out any change in circumstances since the family violence intervention order was made.\n\n\t4.05 Form of consent\n\n(1) This Rule applies if a person—\n\n(a) is required under section 45 or 75 of the Act to give written consent to the making of an application for a family violence intervention order; or\n\n(b) is required under section 108 of the Act to give written consent to the making of an application to vary, revoke or extend a family violence intervention order.\n\n(2) The consent must include the following particulars—\n\n(a) the name, address, date of birth, occupation and gender of the person who will make the application;\n\n(b) the name, address, date of birth, occupation and gender of the person providing the consent;\n\n(c) if the person providing the consent is not the affected family member or protected person, that person's relationship to the affected family member or protected person;\n\n(d) a description of the application.\n\n(3) A consent under subrule (2) must be filed with the Court.\n\nPart 3—Miscellaneous\n\n\t4.06 Request for further and better particulars of application\n\n(1) A party may only seek further and better particulars of an application with leave of the Court.\n\n(2) If the Court decides to grant leave, the Court—\n\n(a) must fix a time for the further and better particulars to be provided; and\n\n(b) may give directions it considers appropriate for seeking and providing particulars, including—\n\n(i) limiting the particulars that may be sought; and\n\n(ii) directing how particulars are to be provided.\n\n**Example**\n\nThe Court may direct that a party provide particulars in the form of a letter, or by affidavit.\n\n\t4.07 Withdrawal of applications\n\n(1) An application under the Act may be withdrawn only with the leave of the Court.\n\n(2) A party seeking to withdraw an application must—\n\n(a) file a written notice of withdrawal, to be served on the respondent by the registrar; or\n\n(b) if the person attends Court, make an oral application to the Court.\n\nOrder 5—Service and related matters\n\nPart 1—Giving of documents by Court\n\n\t5.01 Process if Court required to give documents to a person\n\nSubject to section 201 of the Act or unless the Court otherwise orders or directs, if under the Act or these Rules, the Court is required to give any written notice or other document to any person, the Court may do so—\n\n(a) by handing the document to the person; or\n\n(b) by leaving the document at the address of the person; or\n\n(c) by posting the document to the person at that person's address; or\n\n(d) if a person has a facility for the reception of documents by facsimile transmission, by transmitting the document to that facility; or\n\n(e) if the person is a respondent who has provided an email address under section 85(1) of the Act, by sending the document to that email address; or\n\n**Note**\n\nSection 85 of the Act allows a respondent who has been excluded from a residence to give an email address as an address for service. This only applies to documents not requiring personal service.\n\n(f) if any other party has provided an email address, by sending the document to that email address.\n\n**Note**\n\nSee also Part 12 of the Act, which deals with service.\n\nPart 2—Matters relating to service\n\n\t5.02 Certificate of service\n\n(1) For the purposes of section 203 of the Act, a certificate of service must—\n\n(a) include a statement about the date, time and place the document was served; and\n\n(b) include a statement about the manner of service; and\n\n(c) specify each document served; and\n\n(d) indicate whether the certificate has been made on oath, by affidavit or is certified.\n\n(2) A certificate of service must be filed as soon as practicable after service of the document to which it relates.\n\n\t5.03 Inability to serve\n\n(1) For the purposes of section 204 of the Act, the certificate must—\n\n(a) be made on oath or by affidavit, or certified; and\n\n(b) include the following particulars—\n\n(i) if the person completing the certificate is a police officer, the police officer's name, rank and station;\n\n(ii) if the person completing the certificate is an appropriate registrar, the appropriate registrar's name and the location of the Court;\n\n(iii) the reasons it has not been possible to serve the document, including details of attempts to locate or serve the person;\n\n(iv) the means that the person completing the certificate believes could be used to bring the document to be served to the person's attention, and the reasons for that belief; and\n\n(c) specify each document that was to be served.\n\n(2) For the purposes of subrule (1)(a), the certificate may be certified only if it is completed by a police officer or an appropriate registrar.\n\nRule 5.04 substituted by S.R. No. 127/2020 rule 11.\n\n\t5.04 Filing of certificates under Rule 5.02 or 5.03\n\nA certificate completed under Rule 5.02 or 5.03 may be filed with the registrar—\n\n(a) by facsimile transmission or other electronic communication; or\n\n(b) in accordance with Order 3 of the Children's Court Authentication and Electronic Transmission Rules 2020, if applicable.\n\nOrder 6—Stay of proceeding\n\n\t6.01 Stay of proceeding\n\nIf a proceeding is scandalous, frivolous or vexatious or is otherwise an abuse of the process of the Court, the Court may, on the application of a respondent, stay the proceeding.\n\n\t6.02 Striking out proceeding\n\nThe Court may order that the whole or part of an application in a proceeding be struck out or amended if the proceeding—\n\n(a) is scandalous, frivolous or vexatious; or\n\n(b) may prejudice, embarrass or delay the fair hearing of the proceeding; or\n\n(c) is otherwise an abuse of the process of the Court.\n\nOrder 7—Affidavits\n\n\t7.01 Form of affidavit\n\n(1) An affidavit must be made in the first person.\n\n(2) An affidavit must state the place of residence of the deponent and the deponent's occupation or, if the deponent has none, the deponent's description.\n\n(3) Despite subrule (2), an affidavit does not have to state the deponent's place of residence if the deponent believes that it would jeopardise the deponent's safety to do so.\n\n(4) An affidavit must be divided into paragraphs numbered consecutively, each paragraph being as far as possible confined to a distinct portion of the subject.\n\n(5) Every affidavit must be signed by the deponent, except as provided by Rule 7.02(1), and the jurat must be completed and signed by the person before whom it is sworn or affirmed.\n\n(6) Each page of an affidavit must be signed by the person before whom it is sworn or affirmed.\n\n(7) The first page of an affidavit must be headed immediately beneath the title of the proceeding with the name of the deponent and the date of swearing or affirming.\n\n(8) An affidavit must on the outside identify the party on whose behalf it is filed and state the name of the deponent and the date of swearing or affirming.\n\n\t7.02 Affidavit by illiterate, blind or incapacitated person\n\nRule 7.02(1) amended by S.R. No. 10/2020  \nrule 4.\n\n(1) If it appears to the person before whom an affidavit is sworn or affirmed that the deponent is illiterate, blind, physically incapacitated or cognitively impaired the person must certify in or below the jurat that—\n\n(a) the person read the affidavit in the deponent's presence to the deponent;  \nand\n\n(b) the deponent seemed to the person to understand it.\n\n(2) If an affidavit is made by an illiterate, blind, physically incapacitated or cognitively impaired deponent and a certificate in accordance with subrule (1) does not appear on the affidavit, it may not be used in evidence unless the Court is satisfied that the affidavit was read to the deponent.\n\n\t7.03 Content of affidavit\n\nIn an application in a proceeding an affidavit may contain a statement of fact based on information and belief if the grounds are set out in the affidavit.\n\nRule 7.04 amended by S.R. No. 10/2020  \nrule 5.\n\n\t7.04 Affidavit by 2 or more deponents\n\nIf an affidavit is made by 2 or more deponents, the names of the persons making the affidavit must be inserted in the jurat, except that, if the affidavit is sworn or affirmed by both or all the deponents at one time before the same person, it is sufficient to state that it is sworn or affirmed by \"each of the abovenamed\" deponents.\n\nRule 7.05 amended by S.R. No. 10/2020  \nrule 6.\n\n\t7.05 Alterations\n\nAny interlineation, erasure or other alteration in the jurat or body of an affidavit must be initialled by the person before whom it is sworn or affirmed.\n\n\t7.06 Annexures and exhibits\n\n(1) A document referred to in an affidavit must not be annexed to the affidavit but may be referred to as an exhibit.\n\nRule 7.06(2) amended by S.R. No. 10/2020  \nrule 7.\n\n(2) An exhibit to an affidavit must be identified by a separate certificate annexed to it bearing the same title as the affidavit and signed by the person before whom the affidavit is sworn or affirmed.\n\n\t7.07 Irregularity\n\nDespite any irregularity in form an affidavit may—\n\n(a) unless the Court otherwise orders, be filed; and\n\n(b) with the leave of the Court, be used in evidence.\n\n\t7.08 Filing and service of affidavits\n\n(1) An affidavit must be filed.\n\n(2) The affidavit must be served on the following persons—\n\n(a) the applicant or respondent (as the case requires);\n\n(b) an adult affected family member or protected person;\n\n(c) if the application to which the proceeding relates was made with the consent of a parent or guardian, that parent or guardian;\n\n(d) if the affected family member or protected person is a child and the Court has given leave for that child to be legally represented, that child's legal representative.\n\n(3) An affidavit must not be served on a child (other than a child who is an applicant or respondent) without leave of the Court.\n\n(4) An affidavit must be served in a manner set out in Rule 5.01(b), (c) or (d).\n\n\t7.09 Service of affidavits if party is unrepresented\n\nThe registrar must serve an affidavit on a party who does not have legal representation.\n\nRule 7.10 (Heading) amended by S.R. No. 10/2020  \nrule 8(1).\n\nRule 7.10 amended by S.R. No. 10/2020  \nrule 8(2).\n\n\t7.10 Affidavit sworn or affirmed before party\n\nA party must not use in evidence on the party's behalf an affidavit sworn or affirmed before—\n\n(a) a party; or\n\n(b) an employee of a party.\n\nOrder 8—Expert evidence\n\n\t8.01 Statement or report of expert to be filed\n\n(1) A party who intends at the hearing to adduce the evidence of a person as an expert witness must, at least 5 working days before the date of the hearing at which the evidence is intended to be adduced, file—\n\n(a) a statement in accordance with subrule (2); or\n\n(b) a copy of a report in accordance with subrule (3).\n\n(2) The statement must—\n\n(a) give the name and professional address of the witness, unless the witness believes that disclosing the witness' address would jeopardise the witness' safety; and\n\n(b) describe the qualifications to give evidence as an expert; and\n\n(c) give the substance of the evidence it is proposed to adduce from the witness as an expert.\n\n(3) The report must—\n\n(a) give the name of the witness; and\n\n(b) describe the qualifications to give evidence as an expert.\n\n(4) A party who has not filed a statement or a copy of a report under subrule (1) must not adduce any evidence from a witness as an expert at the hearing of a proceeding unless—\n\n(a) the Court grants leave; or\n\n(b) the other parties consent; or\n\n(c) the evidence is adduced in cross‑examination.\n\n\t8.02 Service of statement or report\n\n(1) A statement or copy of a report must be served on the following persons—\n\n(a) the applicant or respondent (as the case requires);\n\n(b) an adult affected family member or protected person;\n\n(c) if the application to which the proceeding relates was made with the consent of a parent or guardian, that parent or guardian.\n\n(2) A statement or copy of a report must not be served on a child (other than a child who is an applicant or respondent) without leave of the Court.\n\n(3) A statement or copy of a report must be served in a manner set out in Rule 5.01(c), (d) or (e).\n\n\t8.03 Service of statement or report on unrepresented party\n\nThe registrar must serve a statement or copy of a report on a party who does not have legal representation.\n\n\t8.04 Putting statement or report filed by other party in evidence\n\nA party to a proceeding may put in evidence a statement or copy of a report filed by another party in accordance with Rule 8.01.\n\nOrder 9—Hearings\n\n\t9.01 Order of hearing\n\nThe Court may give directions as to the order of evidence and generally as to the conduct of the hearing of a proceeding.\n\n\t9.02 No addresses\n\nUnless the Court otherwise orders, no opening or closing addresses may be made at the hearing of any proceeding.\n\n\t9.03 Absence of party\n\n(1) If, when the hearing of a proceeding is called on, any party is absent, the Court may—\n\n(a) proceed with the hearing; or\n\n(b) strike out or dismiss the application; or\n\n(c) adjourn the hearing; or\n\n(d) make any other order which the Court considers appropriate.\n\n(2) If the absent party is a respondent who has failed to appear on bail, the Court may also issue a warrant for the arrest of the respondent.\n\n\t9.04 Alternative arrangements for giving evidence\n\n(1) This Rule applies if a party wishes to use alternative arrangements for giving evidence referred to in section 69(1)(a) or (b) of the Act.\n\n(2) A party may apply to use alternative arrangements for giving evidence by notifying the Court in writing before the hearing.\n\n(3) A notification under subrule (2) must set out—\n\n(a) the reason the witness needs alternative arrangements for giving evidence; and\n\n(b) the alternative arrangements sought.\n\n(4) Despite subrule (2), if the party has not notified the Court, the Court may direct that alternative arrangements be made if they are available on the day of hearing at that venue of the Court.\n\nOrder 10—Orders and related matters\n\n\t10.01 Certified extracts\n\n(1) A certified extract from the Court record of any order is sufficient for any purpose for which an order is required.\n\n(2) The Court may order, on its own motion or on the application of a party, that a certified extract must not include information that would jeopardise the safety of a party or any other person.\n\n\t10.02 Form of written explanation of interim family violence order\n\nA written notice under section 57(2A) or 57A(4) of the Act must be in Form 1AA.\n\n\t10.03 Form of written explanation of final family violence order\n\nA written notice under section 96(3) or 96A(4) of the Act must be in Form 1AB.\n\nOrder 11—Venue and transfer of proceedings\n\nRule 11.01 substituted by S.R. No. 10/2020  \nrule 9.\n\n\t11.01 Filing of applications\n\nRule 11.01(1) substituted by S.R. No. 127/2020 rule 12(1).\n\n(1) For an applicant other than a police officer, an application under the Act must be made by filing the application—\n\n(a) at the proper venue of the Court; or\n\n(b) in accordance with Order 3 of the Children's Court Authentication and Electronic Transmission Rules 2020, if applicable.\n\n(2) If the applicant is a police officer, an application under the Act must be made—\n\nRule 11.01  \n(2)(a) substituted by S.R. No. 127/2020 rule 12(2).\n\n(a) by filing the application—\n\n(i) at the proper venue of the Court; or\n\n(ii) in accordance with Order 3 of the Children's Court Authentication and Electronic Transmission Rules 2020, if applicable; or\n\n(b) by facsimile transmission or other electronic communication to the proper venue of the Court between the hours of 9 a.m. and 5 p.m. on a working day; or\n\n(c) in the case of an application for, or a variation of, a family violence intervention order in which an interim order is sought, by facsimile transmission or other electronic communication to the Children's Court of Victoria After Hours Service—\n\n(i) before 9 a.m. or after 5 p.m. on a working day; or\n\n(ii) at any time on a Saturday, a Sunday or a public holiday.\n\n(3) An application made in accordance with section 20 is to be made to the Children's Court of Victoria After Hours Service.\n\n**Note**\n\n***Proper venue*** is defined in section 3(1) of the **Children, Youth and Families Act 2005**.\n\n\t11.02 Place of hearing of application\n\n(1) A proceeding under the Act must be heard at the venue of the Court stated on the application, unless the Court orders otherwise.\n\n(2) The Court may adjourn the hearing of a proceeding to another venue of the Court if it is satisfied that the interests of justice so require.\n\n(3) In making a decision under subrule (2), the Court must have regard to the matters listed under paragraph (d) of the definition of ***proper venue*** in the **Children, Youth and Families Act 2005**.\n\nOrder 12—Rehearings\n\n\t12.01 Application for rehearing\n\nRule 12.01(1) substituted by S.R. No. 127/2020 rule 13.\n\n(1) A respondent may apply for rehearing under section 122 of the Act by filing the application—\n\n(a) at the venue of the Court where the order sought to be set aside was made; or\n\n(b) in accordance with Order 3 of the Children's Court Authentication and Electronic Transmission Rules 2020, if applicable.\n\n(2) The registrar must—\n\n(a) list the application for hearing; and\n\n(b) serve a copy of the application and affidavit in support on the other parties to the proceeding.\n\n(3) If the application for rehearing is struck out because the applicant failed to appear at the time fixed for hearing of the application, any further application for rehearing is taken to be an application for leave to reapply under section 122(4) of the Act.\n\n\t12.02 Form of application\n\nAn application under Rule 12.01 must be in accordance with Form 1.\n\n\t12.03 Rehearing date\n\nIf the Court sets aside an order the proceeding must be reheard on a date fixed by the Court.\n\nOrder 13—Appeals\n\n\t13.01 Form of notice of appeal\n\nFor the purposes of section 116 of the Act, a notice of appeal must be in accordance with Form 2.\n\n**Note**\n\nSee section 115 of the Act for the court to which the appeal must be made.\n\n\t13.02 Stay of relevant decision\n\n(1) An application under section 117 of the Act to stay the operation of a relevant decision must be filed.\n\n(2) The registrar may serve an application under section 117 of the Act to stay the operation of a relevant decision on the following persons—\n\n(a) the other parties to the proceeding in which the relevant decision was made;\n\n(b) if the appeal relates to a family violence intervention order for a protected person who is a child—\n\n(i) if the application for the order was made with the consent of a parent, that parent;\n\n(ii) if a parent of the child did not consent to the order, a parent of the child (other than the respondent) with whom the child normally or regularly resides;\n\n(c) if the appeal relates to a family violence intervention order for a protected person who has a guardian, the guardian.\n\n(3) If there are exceptional circumstances, the Court may grant a stay without serving the application on any other person.\n\nOrder 14—Miscellaneous\n\n\t14.01 Risk assessments\n\nA risk assessment is confidential and must not be—\n\n(a) used in evidence in any proceeding; or\n\n(b) disclosed to the respondent or an associate of the respondent to the proceeding to which the risk assessment relates.\n\n\t14.02 General power of amendment\n\nFor the purpose of determining the real question in issue between the parties to any proceeding, or of correcting any defect or error in any proceeding, or of avoiding multiplicity of proceedings, the Court may at any stage order that any document (including an application) in a proceeding be amended or that any party have leave to amend any document in the proceeding.\n\n\t14.03 Directions\n\nAt any stage of a proceeding the Court may give any direction for the conduct of the proceeding which it thinks conducive to its effective, complete, prompt and economical determination.\n\nOrder 15—Procedure under the Vexatious Proceedings Act 2014\n\nPart 1—Interpretation\n\n\t15.01 Definitions\n\nAn expression used in the **Vexatious Proceedings Act 2014** has the same meaning in this Order as it has in that Act.\n\nPart 2—Applications and notices\n\n\t15.02 Applications for leave to apply for extended litigation restraint orders that relate to intervention order legislation\n\n(1) An application under section 18(1) of the **Vexatious Proceedings Act 2014** by a person referred to in section 18(1)(b) or (c) of that Act for leave to apply for an extended litigation restraint order that relates to intervention order legislation must be in Form 3.\n\n(2) An application referred to in this Rule—\n\n(a) must be supported by an affidavit; and\n\n(b) must be made without notice to any person unless the Court orders otherwise.\n\n\t15.03 Applications for extended litigation restraint orders that relate to intervention order legislation\n\n(1) An application under section 18(1) of the **Vexatious Proceedings Act 2014** for an extended litigation restraint order that relates to intervention order legislation must be in Form 4.\n\n(2) An application referred to in this Rule must be supported by an affidavit.\n\n(3) In addition, a copy of the order granting leave to apply for the extended litigation restraint order must be attached to the application.\n\n\t15.04 Applications for acting in concert orders—intervention order legislation\n\n(1) An application under section 34 of the **Vexatious Proceedings Act 2014** for an acting in concert order must be in Form 5.\n\n(2) An application referred to in this Rule must be supported by an affidavit.\n\n\t15.05 Application for leave to proceed under extended litigation restraint order that relates to intervention order legislation\n\nAn application under section 52(2) of the **Vexatious Proceedings Act 2014** by a person subject to an extended litigation restraint order for leave to commence or continue a proceeding must be—\n\n(a) in Form 6, in the case of an application to continue a proceeding in the Court; and\n\n(b) in Form 7, in any other case.\n\n\t15.06 Application for leave to proceed under general litigation restraint order\n\nAn application under section 54 of the **Vexatious Proceedings Act 2014** by a person subject to a general litigation restraint order for leave to commence or continue a proceeding that relates to intervention order legislation must be—\n\n(a) in Form 8, in the case of an application to continue a proceeding; and\n\n(b) in Form 9, in the case of an application to commence a proceeding.\n\n\t15.07 Notice of applications\n\n(1) Notice required to be given by a direction of the Court under section 61(2) of the **Vexatious Proceedings Act 2014** must be in Form 10.\n\n(2) The notice must be accompanied by a copy of every order made or direction given by the Court in the application to which the notice relates.\n\n**Note**\n\nFurther requirements are stated in section 61(4) of the **Vexatious Proceedings Act 2014**.\n\n\t15.08 Application for leave to apply for variation or revocation of extended litigation restraint order that relates to intervention order legislation\n\nAn application under section 65(2) of the **Vexatious Proceedings Act 2014**, by a person subject to an extended litigation restraint order that relates to intervention order legislation, for leave to apply to vary or revoke the order must be in Form 11.\n\n\t15.09 Application to vary or revoke extended litigation restraint order that relates to intervention order legislation\n\n(1) An application under section 65(2) of the **Vexatious Proceedings Act 2014**, by a person subject to an extended litigation restraint order that relates to intervention order legislation, to vary or revoke the order must be in Form 12.\n\n(2) In addition, a copy of the order granting leave to apply to vary or revoke the extended litigation restraint order must be attached to the application.\n\n\t15.10 Notice of application to vary or revoke litigation restraint order\n\n(1) Notice required to be given by a direction of the Court under section 68(2) of the **Vexatious Proceedings Act 2014** must be in Form 13.\n\n(2) The notice must be accompanied by a copy of every order made or direction given by the Court in the application to which the notice relates and in the preceding leave application.\n\n**Note**\n\nFurther requirements are stated in section 68(4) of the **Vexatious Proceedings Act 2014**.\n\nPart 3—Provisions applying to applications\n\n\t15.11 Application of Part\n\nThis Part applies to an application that is made under any of the following sections of the **Vexatious Proceedings Act 2014**—\n\n(a) section 18(1);\n\n(b) section 34 in the case where the application relates to a person who is acting in concert with a person who is subject to an extended litigation restraint order that relates to intervention order legislation.\n\n\t15.12 Service of applications\n\n(1) The applicant must serve a copy of the application and a copy of any affidavit in support on every person to whom notice of the application is to be given unless otherwise provided by these Rules.\n\n(2) The application must be served within a reasonable time before the day for hearing named in the application, and in no case later than 2 p.m. on the previous day, or where the office of the Court was closed on the day before the day for hearing, not later than 2 p.m. on the day the office was last open.\n\n\t15.13 Day for hearing\n\n(1) If an application has not been served a registrar may, at the request of the party who filed it, amend the application on or before the day for hearing named in the application to name another day.\n\n(2) The application may be amended—\n\n(a) by a magistrate; or\n\n(b) by a judicial registrar; or\n\n(c) by a registrar.\n\n(3) An application must not be amended under this Rule more than once.\n\n\t15.14 Adjournment\n\n(1) Subject to section 530 of the **Children, Youth and Families Act 2005**, the Court may adjourn the hearing of an application on such terms as it thinks fit.\n\n(2) The Court constituted by a registrar—\n\n(a) may by consent order that the hearing of an application be adjourned to a particular date or for a particular time or generally, and reserve the costs of the adjournment; and\n\n(b) must record the adjournment and any reservation of the costs by indorsement on the court file.\n\n(3) If the hearing of an application is adjourned under paragraph (2), the Court may thereafter, whether the costs of the adjournment were reserved or not, make an order in relation to the costs of or occasioned by the adjournment as it thinks fit.\n\n\t15.15 Absence of party to application\n\n(1) If any person to whom an application is addressed fails to attend, the Court may hear the application if satisfied that the application was duly served.\n\n(2) If on an application the applicant fails to attend, the Court may dismiss the application or make such other order as it thinks fit.\n\nForm 1AA substituted by S.R. No. 10/2020  \nrule 10.\n\nForm 1AA—Explanation of interim family violence intervention order\n\nRule 10.02\n\nInformation Sheet—Interim Intervention Order\n\nAn Interim Family Violence Intervention Order has been made against \"**the respondent**\".\n\nThe person this Order protects is called \"**the protected person**\". Children can be included as protected people because being around family violence can cause children serious harm.\n\n1. The Court has made this Interim Order to stop harmful behaviour and protect people. The law gives the Court the power to make this Order because the community values safe and respectful relationships.\n\n2. This Interim Order makes rules (conditions) for the respondent to obey. It says the respondent must not behave in certain ways, be around certain people or go to certain places.\n\n3. If the rules in this Interim Order are broken, it is a crime and the respondent may be arrested and charged. The respondent could go to prison or receive another kind of penalty.\n\n4. Only the Court can change (\"vary\") or cancel (\"revoke\") the Order.\n\nThe respondent must not pressure the protected person to change or cancel the Order.\n\nIt is a breach of the Interim Order to do so.\n\n5. This Interim Order is made against the respondent, so the respondent must obey it. Even if someone asks the respondent to do something that breaks the rules in the Interim Order, the respondent must still obey the Order.\n\n6. The respondent must not use someone else, including family, to do things on their behalf that the Interim Order says they cannot do.\n\n7. If the protected person and respondent have children this Interim Order may affect whether the respondent can spend time with them. Speak to a lawyer about what the Order says.\n\n8. If you have orders from another court, this Interim Order may affect them. Speak to a lawyer about what the Interim Order says.\n\n9. If the respondent has firearms or weapons, they may not be allowed to keep them. Check to see what the Interim Order says.\n\n10. This Interim Order will say how long it lasts and when you may need to return to court. Check to see what it says. The interim Order is in place until a court can decide on whether to make a Final Order.\n\n11. Any Intervention Order is recognised throughout Australia.\n\nRead the Interim Order more than once and get advice about anything you don't understand.\n\nPolice cannot give you legal advice.\n\n**For more information:**\n\nVictoria Legal Aid <www.legalaid.vic.gov.au> or 1300 792 387\n\nVictorian Aboriginal Legal Service [www.vals.org.au](http://www.vals.org.au) or 1800 064 865\n\nDjirra [www.djirra.org.au](http://www.djirra.org.au) or 1800 105 303\n\nMen's Referral Service www.ntv.org.au or 1300 766 491\n\nFV support and information [www.safesteps.org.au](http://www.safesteps.org.au) or 1800 015 188\n\n**Children, including unborn babies, can be harmed by family violence**. This includes:\n\n• Children knowing that it is happening **even if they are not there at the time**.\n\n• Children seeing damaged property or injured people.\n\n• Children knowing one parent is afraid of, or controlled by, the other.\n\n• Children knowing that the family is controlled by one parent's behaviour and moods.\n\n• Children intervening to protect a parent or calm one down.\n\n**Family violence includes a wide range of behaviours**. Below are **some** examples.\n\n| *Behaviour* | *Some examples* |\n| --- | --- |\n| Physical violence | Hitting, punching, pushing, pulling, kicking, choking |\n| Sexual violence | Pressuring someone into sexual acts; rapePressuring them to watch or join in pornography |\n| Property damage | Breaking or damaging someone's property or belongings, including jointly owned property or belongings |\n| Economic violence | Controlling someone's money against their willForcing someone to pay or give money to others or taking moneyStopping someone from workingForcing or tricking someone to take on debtsUsing dowry or family finance issues to control someone |\n| Emotional, social or psychological violence | Making someone feel that no one cares or will help themName calling or put downsMaking someone fear for their safetyTaunting someone about sexuality or gender identitySending abusive messages via phone, email or social media or monitoring what someone does onlineHarming or killing pets |\n| Threats | To harm people (including themselves), property, or petsTo take children away or to have them taken by others, such as immigration authorities or Child Protection ServicesTo disclose someone's sexuality or gender identityTo post or send images held on a phone or deviceTo use family members to add pressureTo get someone deported |\n| Coercing, controlling, dominating or terrorising | Intimidating, bullying, frighteningControlling where someone goes, what they wear or eat, when they sleep, who they can seeStopping someone from seeing or speaking to others |\n|  | Withholding mobility aids, disability equipment or medicationForcing someone to marry without their consent |\n\n\nForm 1AB substituted by S.R. No. 10/2020  \nrule 11.\n\nForm 1AB—Explanation of final family violence intervention order\n\nRule 10.03\n\nInformation Sheet—Final Intervention Order\n\nA Final Family Violence Intervention Order has been made against \"**the respondent**\".\n\nThe person this Final Order protects is called \"**the protected person**\". Children can be included as protected people because being around family violence can cause children serious harm.\n\n1. The Court has made this Final Order to stop harmful behaviour and protect people. The law gives the Court the power to make this Order because the community values safe and respectful relationships.\n\n2. This Final Order makes rules (conditions) for the respondent to obey. It says the respondent must not behave in certain ways, be around certain people or go to certain places.\n\n3. If the rules in this Final Order are broken, it is a crime and the respondent may be arrested and charged. The respondent could go to prison or receive another kind of penalty.\n\n4. Only the Court can change (\"vary\") or cancel (\"revoke\") the Order.\n\nThe respondent must not pressure the protected person to change or cancel the Order.\n\nIt is a breach of the Final Order to do so.\n\n5. This Final Order is made against the respondent, so the respondent must obey it. Even if someone asks the respondent to do something that breaks the rules in the Final Order, the respondent must still obey the Order.\n\n6. The respondent must not use someone else, including family, to do things on their behalf that the Final Order says they cannot do.\n\n7. If the protected person and respondent have children this Final Order may affect whether the respondent can spend time with them. Speak to a lawyer about what the Order says.\n\n8. If you have orders from another court, this Final Order may affect them. Speak to a lawyer about what the Final Order says.\n\n9. If the respondent has firearms or weapons, they may not be allowed to keep them. Check to see what the Final Order says.\n\n10. This Final Order will say how long it lasts and when you may need to return to court. Check to see what it says.\n\n11. Any Final Order is recognised throughout Australia.\n\nRead the Final Order more than once and get advice about anything you don't understand.\n\nPolice cannot give you legal advice.\n\n**For more information:**\n\nVictoria Legal Aid [www.legalaid.vic.gov.au](http://www.legalaid.vic.gov.au) or 1300 792 387\n\nVictorian Aboriginal Legal Service [www.vals.org.au](http://www.vals.org.au) or 1800 064 865\n\nDjirra [www.djirra.org.au](http://www.djirra.org.au) or 1800 105 303\n\nMen's Referral Service www.ntv.org.au or 1300 766 491\n\nFV support and information [www.safesteps.org.au](http://www.safesteps.org.au) or 1800 015 188\n\n**Children, including unborn babies, can be harmed by family violence**. This includes:\n\n• Children knowing that it is happening **even if they are not there at the time**.\n\n• Children seeing damaged property or injured people.\n\n• Children knowing one parent is afraid of, or controlled by, the other.\n\n• Children knowing that the family is controlled by one parent's behaviour and moods.\n\n• Children intervening to protect a parent or calm one down.\n\n**Family violence includes a wide range of behaviours**. Below are **some** examples.\n\n| *Behaviour* | *Some examples* |\n| --- | --- |\n| Physical violence | Hitting, punching, pushing, pulling, kicking, choking |\n| Sexual violence | Pressuring someone into sexual acts; rapePressuring them to watch or join in pornography |\n| Property damage | Breaking or damaging someone's property or belongings, including jointly owned property or belongings |\n| Economic violence | Controlling someone's money against their willForcing someone to pay or give money to others or taking moneyStopping someone from workingForcing or tricking someone to take on debtsUsing dowry or family finance issues to control someone |\n| Emotional, social or psychological violence | Making someone feel that no one cares or will help themName calling or put downsMaking someone fear for their safetyTaunting someone about sexuality or gender identitySending abusive messages via phone, email or social media or monitoring what someone does onlineHarming or killing pets |\n| Threats | To harm people (including themselves), property, or petsTo take children away or to have them taken by others, such as immigration authorities or Child Protection ServicesTo disclose someone's sexuality or gender identityTo post or send images held on a phone or deviceTo use family members to add pressureTo get someone deported |\n| Coercing, controlling, dominating or terrorising | Intimidating, bullying, frighteningControlling where someone goes, what they wear or eat, when they sleep, who they can seeStopping someone from seeing or speaking to othersWithholding mobility aids, disability equipment or medicationForcing someone to marry without their consent |\n\n\nForm 1 substituted by S.R. No. 10/2020  \nrule 12.\n\nForm 1—Application for rehearing\n\nRule 12.02\n\nIn the Children's Court at:  [*specify venue*] Case No:\n\nApplicant:  [*full name of applicant for rehearing*]\n\nApplicant's address:\n\nRespondent: [*full name of respondent to this application*]\n\nRespondent's address:\n\nProtected person or person protected by the order:\n\nAddress:\n\nApplication for rehearing\n\n**Details of the application you would like reheard**\n\nI (the applicant) am the respondent to an application for a family violence intervention order.\n\nThe application was made at [*specify court location*] on [*date*].\n\nThe application came to my attention on [*date*].\n\nHave you previously applied for a rehearing of this application? Yes*/No*\n\nNote: If you failed to attend at the time fixed for the hearing of the application and the application was struck out by the Court, you will require leave of the Court to make another application.\n\n**Reasons for applying for rehearing**\n\nMy reason for seeking a rehearing of the application is:\n\n□ I was not personally served with the application; or\n\n□ the application was not brought to my attention by an order for alternative service or substituted service prior to the making of the final order; or\n\n□ there are exceptional circumstances and a rehearing is fair and just.\n\nThese circumstances are: [*briefly state the reasons why you did not attend the hearing of the application*]\n\n**Affidavit**\n\nI [*full name*] of [*address*] *make oath/*affirm and say:\n\n[*Insert statement to be sworn or affirmed in numbered paragraphs*]\n\nThe contents of this affidavit are true and correct and I make it knowing that a person making a false affidavit may be prosecuted for the offence of perjury.\n\n*SWORN/*AFFIRMED at: [*place*] in the State of Victoria\n\nON: [*date*]\n\n[*Signature of person swearing or affirming the affidavit contents, to be signed in front of the authorised affidavit taker*]\n\nBEFORE ME:\n\n[*Signature of authorised affidavit taker*]\n\nON: [*date*]\n\n[*Full name, statement of the capacity in which the authorised affidavit taker has the authority to take the affidavit, and personal or professional address in legible writing, typing or stamp*]\n\nA person authorised under Part 3 of the **Oaths and Affirmations Act 2018** to take an affidavit.\n\n*delete if inapplicable.\n\nForm 2—Notice of Appeal\n\nRule 13.01\n\n**In the Children's Court at:** [*specify venue*]\n\n**Appeal No:** **Case No:**\n\nAppellant's name:\n\nAppellant's address for service:\n\nName and address of Appellant's solicitor:\n\nRespondent's name:\n\nRespondent's address:\n\nNotice of Appeal\n\n**TO**\n\n**The Registrar of the Children's Court at:**\n\n**The Prothonotary* [*If the appeal is to the trial Division of the Supreme Court*] at:**\n\n**OR**\n\n**The Registrar of the County Court* at:**\n\n**The abovenamed respondent**\n\n**Details of the proceeding appealed**\n\nVenue of the Children's Court from which proceeding is appealed:\n\nDate order made:\n\nNature of proceeding:\n\n[*Please attach copy of order to this Form*]\n\n**Grounds of appeal**\n\n[*Briefly state the grounds for the appeal*]\n\n**The Appellant requests the Registrar*/Prothonotary* to list the appeal**\n\nDetails of the appeal:\n\nThe appeal is to be heard by the County Court*/Supreme Court* sitting at:\n\nDate of appeal: Time of appeal:\n\nNotice of appeal filed at: Date:\n\nSignature of Appellant: Signature of Prothonotary*/Registrar*:\n\n*delete if inapplicable\n\nDated:\n\nForm 3—Application for leave to apply for extended litigation restraint order\n\nRule 15.02\n\n*[*heading as in Form 5A of the Magistrates' Court General Civil Procedure Rules 2010*]/*[*heading in accordance with Rule 27.02 of those Rules*]\n\n**APPLICATION FOR LEAVE TO APPLY FOR EXTENDED LITIGATION RESTRAINT ORDER**\n\n(Section 18(1) of the **Vexatious Proceedings Act 2014**)\n\nI, [*name*], apply under section 18(1) of the **Vexatious Proceedings Act 2014** for leave to apply for an extended litigation restraint order.\n\nIn accordance with section 18(3) of that Act, I contend that there is merit in the application and that the making of the application would not be an abuse of process on the basis of the following grounds: [*set out the grounds in numbered paragraphs*].\n\n**ORDERS SOUGHT**\n\nThe applicant seeks—\n\n1. leave to apply for an extended litigation restraint order;\n\n2. [*set out any other orders sought*].\n\n**ACCOMPANYING AFFIDAVIT**\n\nThis application is accompanied by an affidavit in support of the order(s) sought in the application.\n\nFILED [*insert date*].\n\nThis application was filed—\n\n*(a) by the applicant in person.\n\n*(b) for the applicant by [*name or firm of Australian legal practitioner*], Australian legal practitioner, of [*business address of Australian legal practitioner*].\n\n*(c) for the applicant by [*name or firm of Australian legal practitioner*], Australian legal practitioner, of [*business address of Australian legal practitioner*] as agent for [*name or firm of principal Australian legal practitioner*], Australian legal practitioner, of [*business address of principal*].\n\nThe address of the applicant is:\n\nThe address for service of the applicant is:\n\nDate:\n\nSigned\n\n*delete if inapplicable\n\nForm 4—Application for extended litigation restraint order\n\nRule 15.03\n\n*[*heading as in Form 5A of the Magistrates' Court General Civil Procedure Rules 2010*]/*[*heading in accordance with Rule 27.02 of those Rules*]\n\n**APPLICATION FOR EXTENDED LITIGATION RESTRAINT ORDER**\n\n(Section 18(1) of the **Vexatious Proceedings Act 2014**)\n\nI, [*name*], apply for an extended litigation restraint order under section 18(1) of the **Vexatious Proceedings Act 2014**.\n\nLeave was granted to me to apply by order of [*insert name of Court*] on [*insert date*]. Attached to this application is a copy of that order.\n\nI contend that the order should be made on the following grounds: [*set out the grounds in numbered paragraphs*].\n\n**ORDERS SOUGHT**\n\nThe applicant seeks—\n\n1. an extended litigation restraint order;\n\n2. [*set out any other orders sought*].\n\n**SUMMONS**\n\nTo: *[identify each party or other person to whom the application is addressed and state address of each person not a party]*.\n\nYou are summoned to attend before the Court on the hearing of the application for the orders sought.\n\nThe application will be heard in the Children's Court of Victoria at [*insert venue*] on [*insert date*] at [*insert time*] a.m. [or p.m.] or so soon afterwards as the business of the Court allows.\n\n**ACCOMPANYING AFFIDAVIT**\n\nThis application is accompanied by an affidavit in support of the order(s) sought in the application.\n\nFILED [*insert date*].\n\nThis application was filed—\n\n*(a) by the applicant in person.\n\n*(b) for the applicant by [*name or firm of Australian legal practitioner*], Australian legal practitioner, of [*business address of Australian legal practitioner*].\n\n*(c) for the applicant by [*name or firm of Australian legal practitioner*], Australian legal practitioner, of [*business address of Australian legal practitioner*] as agent for [*name or firm of principal Australian legal practitioner*], Australian legal practitioner, of [*business address of principal*].\n\nThe address of the applicant is:\n\nThe address for service of the applicant is:\n\nDate:\n\nSigned\n\n*delete if inapplicable\n\nForm 5—Application for acting in concert order\n\nRule 15.04\n\n*[*heading as in Form 5A of the Magistrates' Court General Civil Procedure Rules 2010*]/*[*heading in accordance with Rule 27.02 of those Rules*]\n\n**APPLICATION FOR ACTING IN CONCERT ORDER**\n\n(Section 34 of the **Vexatious Proceedings Act 2014**)\n\nI, [*name*], am a person referred to in section *34(a)/*34(b) of the **Vexatious Proceedings Act 2014** and apply under that section for an acting in concert order.\n\nI contend that the order should be made on the following grounds: [*set out the grounds in numbered paragraphs*].\n\n**ORDERS SOUGHT**\n\nThe applicant seeks—\n\n1. an acting in concert order;\n\n2. [*set out any other orders sought*].\n\n**SUMMONS**\n\nTo: [*identify each party or other person to whom the application is addressed and state address of each person not a party*].\n\nYou are summoned to attend before the Court on the hearing of the application for the orders sought.\n\nThe application will be heard in the Children's Court of Victoria at [*insert venue*] on [*insert date*] at [*insert time*] a.m. [or p.m.] or so soon afterwards as the business of the Court allows.\n\n**ACCOMPANYING AFFIDAVIT**\n\nThis application is accompanied by an affidavit in support of the order(s) sought in the application.\n\nFILED [*insert date*].\n\nThis application was filed—\n\n*(a) by the applicant in person.\n\n*(b) for the applicant by [*name or firm of Australian legal practitioner*], Australian legal practitioner, of [*business address of Australian legal practitioner*].\n\n*(c) for the applicant by [*name or firm of Australian legal practitioner*], Australian legal practitioner, of [*business address of Australian legal practitioner*] as agent for [*name or firm of principal Australian legal practitioner*], Australian legal practitioner, of [*business address of principal*].\n\nThe address of the applicant is:\n\nThe address for service of the applicant is:\n\nDate:\n\nSigned\n\n*delete if inapplicable\n\nForm 6—Application for leave to continue proceeding by person subject to extended litigation restraint order\n\nRule 15.05\n\n*[*heading as in Form 5A of the Magistrates' Court General Civil Procedure Rules 2010*]/*[*heading in accordance with Rule 27.02 of those Rules*]\n\n**APPLICATION FOR LEAVE TO CONTINUE PROCEEDING BY PERSON SUBJECT TO EXTENDED LITIGATION RESTRAINT ORDER**\n\n(Section 52(2) of the **Vexatious Proceedings Act 2014**)\n\nI, [*name*], a person subject to an extended litigation restraint order that relates to intervention order legislation [*identify the relevant order*], apply under section 52(2) of the **Vexatious Proceedings Act 2014** for leave to continue a proceeding to which the order relates.\n\nIn accordance with section 53 of that Act, I contend that the proceeding is not a vexatious proceeding and that there are reasonable grounds for the proceeding, namely that: [*set out the grounds in numbered paragraphs*].\n\n**ORDERS SOUGHT**\n\nThe applicant seeks—\n\n1. leave to continue this proceeding;\n\n2. [*set out any other orders sought*].\n\n**ACCOMPANYING AFFIDAVIT**\n\nThis application is accompanied by an affidavit disclosing the details required under section 56 of the **Vexatious Proceedings Act 2014** as follows—\n\n(a) details of each application for leave to proceed made by the applicant;\n\n(b) details of each application for leave to commence or continue a proceeding made by the applicant under section 21 of the **Supreme Court Act 1986**, as in force immediately before its repeal;\n\n(c) details of each interlocutory application made or proceeding commenced or conducted by the applicant—\n\n(i) that is a vexatious application or a vexatious proceeding (as defined in the Act); or\n\n(ii) which has been stayed or dismissed on the basis of being made, commenced or conducted without merit;\n\n(d) an explanation as to how the application for leave to proceed is materially different to each application referred to in paragraph (a), (b) or (c) (if any);\n\n(e) all other facts material to the application, whether in support of or adverse to the application, which are known to the applicant.\n\nFILED [*insert date*].\n\nThis application was filed—\n\n*(a) by the applicant in person.\n\n*(b) for the applicant by [*name or firm of Australian legal practitioner*], Australian legal practitioner, of [*business address of Australian legal practitioner*].\n\n*(c) for the applicant by [*name or firm of Australian legal practitioner*], Australian legal practitioner, of [*business address of Australian legal practitioner*] as agent for [*name or firm of principal Australian legal practitioner*], Australian legal practitioner, of [*business address of principal*].\n\nThe address of the applicant is:\n\nThe address for service of the applicant is:\n\nDate:\n\nSigned\n\n*delete if inapplicable\n\nForm 7—Application for leave to commence proceeding by person subject to extended litigation restraint order\n\nRule 15.05\n\nIN THE CHILDREN'S COURT\n\nOF VICTORIA\n\n20 No.\n\nAT\n\nIN THE MATTER of an application under section 52(2) of the **Vexatious Proceedings Act 2014**\n\n**APPLICATION FOR LEAVE TO COMMENCE PROCEEDING BY PERSON SUBJECT TO EXTENDED LITIGATION RESTRAINT ORDER**\n\nI, [*name*], a person subject to an extended litigation restraint order that relates to intervention order legislation [*identify the relevant order*], apply under section 52(2) of the **Vexatious Proceedings Act 2014** for leave to commence a proceeding to which the order relates.\n\nIn accordance with section 53 of that Act, I contend that the proceeding is not a vexatious proceeding and that there are reasonable grounds for the proceeding, namely that: [*set out the grounds in numbered paragraphs*].\n\n**ORDERS SOUGHT**\n\nThe applicant seeks—\n\n1. leave to commence a proceeding, namely, [*set out full details of proceeding for which leave is sought, including the names and addresses of all proposed parties*];\n\n2. [*set out any other orders sought*].\n\n**ACCOMPANYING AFFIDAVIT**\n\nThis application is accompanied by an affidavit disclosing the details required under section 56 of the **Vexatious Proceedings Act 2014** as follows—\n\n(a) details of each application for leave to proceed made by the applicant;\n\n(b) details of each application for leave to commence or continue a proceeding made by the applicant under section 21 of the **Supreme Court Act 1986**, as in force immediately before its repeal;\n\n(c) details of each interlocutory application made or proceeding commenced or conducted by the applicant—\n\n(i) that is a vexatious application or a vexatious proceeding (as defined in the Act); or\n\n(ii) which has been stayed or dismissed on the basis of being made, commenced or conducted without merit;\n\n(d) an explanation as to how the application for leave to proceed is materially different to each application referred to in paragraph (a), (b) or (c) (if any);\n\n(e) all other facts material to the application, whether in support of or adverse to the application, which are known to the applicant.\n\nFILED [*insert date*].\n\nThis application was filed—\n\n*(a) by the applicant in person.\n\n*(b) for the applicant by [*name or firm of Australian legal practitioner*], Australian legal practitioner, of [*business address of Australian legal practitioner*].\n\n*(c) for the applicant by [*name or firm of Australian legal practitioner*], Australian legal practitioner, of [*business address of Australian legal practitioner*] as agent for [*name or firm of principal Australian legal practitioner*], Australian legal practitioner, of [*business address of principal*].\n\nThe address of the applicant is:\n\nThe address for service of the applicant is:\n\nDate:\n\nSigned\n\n*delete if inapplicable\n\nForm 8—Application for leave to continue proceeding by person subject to general litigation restraint order\n\nRule 15.06\n\n*[*heading as in Form 5A of the Magistrates' Court General Civil Procedure Rules 2010*]/*[*heading in accordance with Rule 27.02 of those Rules*]\n\n**APPLICATION FOR LEAVE TO CONTINUE PROCEEDING BY PERSON SUBJECT TO GENERAL LITIGATION RESTRAINT ORDER**\n\n(Section 54 of the **Vexatious Proceedings Act 2014**)\n\nI, [*name*], a person subject to a general litigation restraint order [*identify the relevant order*], apply under section 54 of the **Vexatious Proceedings Act 2014** for leave to continue *this proceeding/*a proceeding, namely [*identify relevant proceeding*].\n\nIn accordance with section 55 of that Act, I contend that *this proceeding/  \n*the proceeding is not a vexatious proceeding and that there are reasonable grounds for the proceeding, namely that: [*set out the grounds in numbered paragraphs*].\n\n**ORDERS SOUGHT**\n\nThe applicant seeks—\n\n1. leave to continue *this proceeding/*a proceeding, namely [*identify the proceeding*];\n\n2. [*set out any other orders sought*].\n\n**ACCOMPANYING AFFIDAVIT**\n\nThis application is accompanied by an affidavit disclosing the details required under section 56 of the **Vexatious Proceedings Act 2014** as follows—\n\n(a) details of each application for leave to proceed made by the applicant;\n\n(b) details of each application for leave to commence or continue a proceeding made by the applicant under section 21 of the **Supreme Court Act 1986**, as in force immediately before its repeal;\n\n(c) details of each interlocutory application made or proceeding commenced or conducted by the applicant—\n\n(i) that is a vexatious application or a vexatious proceeding (as defined in the Act); or\n\n(ii) which has been stayed or dismissed on the basis of being made, commenced or conducted without merit;\n\n(d) an explanation as to how the application for leave to proceed is materially different to each application referred to in paragraph (a), (b) or (c) (if any);\n\n(e) all other facts material to the application, whether in support of or adverse to the application, which are known to the applicant.\n\nFILED [*insert date*].\n\nThis application was filed—\n\n*(a) by the applicant in person.\n\n*(b) for the applicant by [*name or firm of Australian legal practitioner*], Australian legal practitioner, of [*business address of Australian legal practitioner*].\n\n*(c) for the applicant by [*name or firm of Australian legal practitioner*], Australian legal practitioner, of [*business address of Australian legal practitioner*] as agent for [*name or firm of principal Australian legal practitioner*], Australian legal practitioner, of [*business address of principal*].\n\nThe address of the applicant is:\n\nThe address for service of the applicant is:\n\nDate:\n\nSigned\n\n*delete if inapplicable\n\nForm 9—Application for leave to commence proceeding by person subject to general litigation restraint order\n\nRule 15.06\n\nIN THE CHILDREN'S COURT\n\nOF VICTORIA\n\n20 No.\n\nAT\n\nIN THE MATTER of an application under section 54 of the **Vexatious Proceedings Act 2014**\n\n**APPLICATION FOR LEAVE TO COMMENCE PROCEEDING BY PERSON SUBJECT TO GENERAL LITIGATION RESTRAINT ORDER**\n\nI, [*name*], a person subject to a general litigation restraint order [*identify the relevant order*], apply under section 54 of the **Vexatious Proceedings Act 2014** for leave to commence a proceeding.\n\nIn accordance with section 55 of that Act, I contend that the proposed proceeding would not be a vexatious proceeding and that there are reasonable grounds for the proposed proceeding, namely that: [*set out the grounds in numbered paragraphs*].\n\n**ORDERS SOUGHT**\n\nThe applicant seeks—\n\n1. leave to commence a proceeding, namely, [*set out full details of proposed proceeding for which leave is sought, including the names and addresses of all proposed parties*];\n\n2. [*set out any other orders sought*].\n\n**ACCOMPANYING AFFIDAVIT**\n\nThis application is accompanied by an affidavit disclosing the details required under section 56 of the **Vexatious Proceedings Act 2014** as follows—\n\n(a) details of each application for leave to proceed made by the applicant;\n\n(b) details of each application for leave to commence or continue a proceeding made by the applicant under section 21 of the **Supreme Court Act 1986,** as in force immediately before its repeal;\n\n(c) details of each interlocutory application made or proceeding commenced or conducted by the applicant—\n\n(i) that is a vexatious application or a vexatious proceeding (as defined in the Act); or\n\n(ii) which has been stayed or dismissed on the basis of being made, commenced or conducted without merit;\n\n(d) an explanation as to how the application for leave to proceed is materially different to each application referred to in paragraph (a), (b) or (c) (if any);\n\n(e) all other facts material to the application, whether in support of or adverse to the application, which are known to the applicant.\n\nFILED [*insert date*].\n\nThis application was filed—\n\n*(a) by the applicant in person.\n\n*(b) for the applicant by [*name or firm of Australian legal practitioner*], Australian legal practitioner, of [*business address of Australian legal practitioner*].\n\n*(c) for the applicant by [*name or firm of Australian legal practitioner*], Australian legal practitioner, of [*business address of Australian legal practitioner*] as agent for [*name or firm of principal Australian legal practitioner*], Australian legal practitioner, of [*business address of principal*].\n\nThe address of the applicant is:\n\nThe address for service of the applicant is:\n\nDate:\n\nSigned\n\n*delete if inapplicable\n\nForm 10—Notice of application for leave to proceed\n\nRule 15.07\n\n[*heading as in form used in application*]\n\n**NOTICE OF APPLICATION FOR LEAVE TO PROCEED**\n\n(Section 61 of the **Vexatious Proceedings Act 2014**)\n\nTO:\n\n(a) the Attorney-General;\n\n(b) [*name of person to be given notice of the application in accordance with the Court's direction, and if more than one, list separately*].\n\nTAKE NOTICE that [*name*] of [*address*], a person subject to a general litigation order or an extended litigation restraint order that relates to intervention order legislation [*identify the relevant order*], has made an application to the Court for leave to proceed as follows: [*describe the relief sought in the application*].\n\nUnder section *60/*61(2) of the **Vexatious Proceedings Act 2014**, the Court has directed that notice of the application for leave to proceed be given to you.\n\nThis notice is accompanied by a copy of the application for leave to proceed and by a copy of every order made or direction given by the Court in the application to which this notice relates.\n\nYou are entitled to make submissions in relation to the application.\n\nDate:\n\nAny Questions?\n\nIf you have any questions, please contact the registrar at the Children's Court of Victoria [*venue*], Tel: [*insert telephone number*], Hours: 9 a.m. to 4:30 p.m. each business day.\n\n*delete if inapplicable\n\nForm 11—Application for leave to apply to vary or revoke extended litigation restraint order\n\nRule 15.08\n\n*[*heading as in Form 5A of the Magistrates' Court General Civil Procedure Rules 2010*]/*[*heading in accordance with Rule 27.02 of those Rules*]\n\n**APPLICATION FOR LEAVE TO APPLY TO VARY OR REVOKE EXTENDED LITIGATION RESTRAINT ORDER**\n\n(Section 65(2) of the **Vexatious Proceedings Act 2014**)\n\nI, [*name*], a person subject to an extended litigation restraint order that relates to intervention order legislation [*identify the relevant order*] apply for leave to apply to *vary/*revoke that order under section 65(2) of the **Vexatious Proceedings Act 2014**.\n\nI contend that leave to apply should be given to *vary the order/*revoke the order on the following grounds: [*set out the grounds in numbered paragraphs*].\n\n**ORDERS SOUGHT**\n\nThe applicant seeks leave to apply for—\n\n*1. variation of the order in the following manner [*specify variation of order sought*];\n\n*1. the revocation of the order;\n\n2. [*set out any other orders sought*].\n\nFILED [*insert date*].\n\nThis application was filed—\n\n*(a) by the applicant in person.\n\n*(b) for the applicant by [*name or firm of Australian legal practitioner*], Australian legal practitioner, of [*business address of Australian legal practitioner*].\n\n*(c) for the applicant by [*name or firm of Australian legal practitioner*], Australian legal practitioner, of [*business address of Australian legal practitioner*] as agent for [*name or firm of principal Australian legal practitioner*], Australian legal practitioner, of [*business address of principal*].\n\nThe address of the applicant is:\n\nThe address for service of the applicant is:\n\nDate:\n\nSigned\n\n*delete if inapplicable\n\nForm 12—Application to vary or revoke extended litigation restraint order\n\nRule 15.09\n\n*[*heading as in Form 5A of the Magistrates' Court General Civil Procedure Rules 2010*]/*[*heading in accordance with Rule 27.02 of those Rules*]\n\n**APPLICATION TO VARY OR REVOKE EXTENDED LITIGATION RESTRAINT ORDER**\n\n(Section 65(2) of the **Vexatious Proceedings Act 2014**)\n\nI, [*name*], a person subject to an extended litigation restraint order that relates to intervention order legislation [*identify the relevant order*] apply to *vary/*revoke that order under section 65(2) of the **Vexatious Proceedings Act 2014**.\n\nLeave was granted to me to apply to *vary/*revoke that order by order of [*insert name of Court*] on [*insert date*]. Attached to this application is a copy of that order.\n\nI contend that the order should be *varied in the manner set out below/  \n*revoked on the following grounds: [*set out the grounds in numbered paragraphs*].\n\n**ORDERS SOUGHT**\n\nThe applicant seeks—\n\n*1. variation of the order in the following manner [*specify variation of order sought*];\n\n*1. revocation of the order;\n\n2. [*set out any other orders sought*].\n\nFILED [*insert date*].\n\nThis application was filed—\n\n*(a) by the applicant in person.\n\n*(b) for the applicant by [*name or firm of Australian legal practitioner*], Australian legal practitioner, of [*business address of Australian legal practitioner*].\n\n*(c) for the applicant by [*name or firm of Australian legal practitioner*], Australian legal practitioner, of [*business address of Australian legal practitioner*] as agent for [*name or firm of principal Australian legal practitioner*], Australian legal practitioner, of [*business address of principal*].\n\nThe address of the applicant is:\n\nThe address for service of the applicant is:\n\nDate:\n\nSigned\n\n*delete if inapplicable\n\nForm 13—Notice of application to vary or revoke extended litigation restraint order\n\nRule 15.10\n\n[*heading as used in application for leave to vary or revoke litigation restraint* *order*]\n\n**NOTICE OF APPLICATION TO VARY OR REVOKE EXTENDED LITIGATION RESTRAINT ORDER**\n\n(Section 68 of the **Vexatious Proceedings Act 2014**)\n\nTO:\n\n(a) the Attorney-General;\n\n(b) [*name of person to be given notice of the application in accordance with the Court's direction, and if more than one, list separately*].\n\nTAKE NOTICE that [*name*] of [*address*], a person subject to an extended litigation restraint order, has made an application to the Court to *vary the extended litigation restraint order in the following manner [*describe variation sought*]/*revoke the litigation restraint order.\n\nUnder section 68(2) of the **Vexatious Proceedings Act 2014**, the Court has directed that notice of the application for *variation/*revocation be given to you.\n\nThis notice is accompanied by a copy of the application for *variation/  \n*revocation and by a copy of every order made or direction given by the Court in the application for *variation/*revocation and in the preceding leave application.\n\nYou are entitled to make submissions in relation to the application for *variation/*revocation.\n\nDate:\n\nAny Questions?\n\nIf you have any questions, please contact the registrar at the Children's Court of Victoria [*venue*], Tel: [*insert telephone number*], Hours: 9 a.m. to 4:30 p.m. each business day.\n\n*delete if inapplicable\n\nDated: 18 October 2018\n\nKIM M. W. PARKINSON,  \n*Acting President, Children's Court of Victoria*\n\nJENNIFER BOWLES,  \n*Magistrate, Children's Court of Victoria*\n\nGAIL HUBBLE,  \n*Magistrate, Children's Court of Victoria*\n\n═════════════\n\nEndnotes\n\n1 General information\n\nSee [www.legislation.vic.gov.au](http://www.legislation.vic.gov.au) for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.\n\nThe Children's Court (Family Violence Protection) Rules 2018, S.R. No. 169/2018 were made on 18 October 2018 by the President of the Children's Court together with 2 Magistrates for that Court jointly under section 210 of the **Family Violence Protection Act 2008**, No. 52/2008 and came into operation on 3 December 2018: rule 1.03.\n\nThe Children's Court (Family Violence Protection) Rules 2018 will sunset 10 years after the day of making on 18 October 2028 (see section 5 of the **Subordinate Legislation Act 1994**).\n\nINTERPRETATION OF LEGISLATION ACT 1984 (ILA)\n\nStyle changes\n\nSection 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.\n\nReferences to ILA s. 39B\n\nSidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression \"(1)\" at the beginning of the original regulation, rule or clause.\n\nInterpretation\n\nAs from 1 January 2001, amendments to section 36 of the ILA have the following effects:\n\n• Headings\n\nAll headings included in a Statutory Rule which is made on or after  \n1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.  \nThis includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms.  \nSee section 36(1A)(2A)(2B).\n\n• Examples, diagrams or notes\n\nAll examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A).\n\n• Punctuation\n\nAll punctuation included in a Statutory Rule which is made on or after  \n1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.  \nSee section 36(3B).\n\n• Provision numbers\n\nAll provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after  \n1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs. See section 36(3C).\n\n• Location of \"legislative items\"\n\nA \"legislative item\" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.\n\n• Other material\n\nAny explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule. See section 36(3)(3D)(3E).\n\n2 Table of Amendments\n\nThis publication incorporates amendments made to the Children's Court (Family Violence Protection) Rules 2018 by statutory rules, subordinate instruments and Acts.\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\nChildren's Court (Family Violence Protection) and (Personal Safety Intervention Orders) Amendment Rules 2020, S.R. No. 10/2020\n\n| *Date of Making:* | 19.2.20 |\n| --- | --- |\n| *Date of Commencement:* | Rules 4–12 on 1.3.20: rule 3 |\n\n\nChildren's Court Criminal Procedure, (Family Violence Protection) and  \n(Personal Safety Intervention Orders) Amendment Rules 2020, S.R. No. 127/2020\n\n| *Date of Making:* | 16.11.20 |\n| --- | --- |\n| *Date of Commencement:* | Rules 10–13 on 17.11.20: rule 3 |\n\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\n3 Amendments Not in Operation\n\nThis version does not contain amendments that are not yet in operation.\n\n4 Explanatory details\n\n1. Introductory Note: S.R. No. 94/2011. [↑](#endnote-ref-1)\n\n2. Rule 1.04(a): S.R. No. 156/2008 as amended by S.R. No. 93/2011. [↑](#endnote-ref-2)\n\n3. Rule 1.04(b): S.R. No. 93/2011. [↑](#endnote-ref-3)","sortOrder":0}],"analysis":{"summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"Based on the limited information available, the rules appear to remain focused on their original intended scope: governing court procedures for family violence protection matters in the Children's Court. No scope expansion or contraction is evident from the metadata provided, though the truncated nature of the source document prevents a definitive assessment."},"complexity_factors":["Procedural rules require understanding of court processes and legal terminology","Intersection of family violence law and children's court jurisdiction creates dual legal framework","Rules likely cross-reference the Family Violence Protection Act 2008 (Vic) and Children, Youth and Families Act 2005 (Vic), requiring familiarity with those Acts","Different procedural requirements may apply depending on whether the subject is a child or adult","The source document provided is severely truncated — actual rule content is missing, limiting full complexity assessment","Procedural rules can have strict compliance requirements with consequences for non-compliance"],"plain_english_summary":"These rules set out how the Children's Court in Victoria runs family violence protection matters — the procedural rulebook for filing documents, conducting hearings, timeframes and notifications. They affect victims (including children), people accused of family violence, their lawyers and court staff, and child parties or witnesses. Knowing and following these procedures is essential: mistakes in process can materially affect the outcome of a protection case."},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"These Rules replace and revoke the 2008 Rules and 2011 amendment (Rule 1.04) and reconfirm the Court's procedural reach for proceedings commenced on or after 3 December 2018 (Rule 1.03; Rule 1.07). They extend and clarify scope by incorporating procedures for: (a) Personal Safety matters where a statutory determination applies (Rule 1.07(1)(b)); (b) Vexatious Proceedings Act processes with dedicated forms and service rules (Order 15; Rules 15.02–15.15); and (c) modern filing and service options including electronic and after‑hours police filing (Rule 11.01; Rule 5.01)."},"complexity_factors":["Extensive cross‑references to primary legislation and other rules (eg, Family Violence Protection Act 2008; Personal Safety Intervention Orders Act 2010) (Rule 1.02; Rule 1.07)","Numerous prescriptive content requirements for different application types (Rule 4.02, Rule 4.03, Rule 4.04, Rule 4.05)","Detailed service and filing permutations including electronic and after‑hours filing for police (Rule 5.01; Rule 11.01)","Specific affidavit and evidence rules (form, service, exhibits, affidavits by vulnerable deponents) creating procedural traps (Rules 7.01–7.10; Rule 8.01)","Court and registrar discretion to refuse documents, strike out, adjourn or dispense with compliance (Rule 3.02; Rule 3.03; Rule 2.02; Rule 6.01–6.02)","Confidentiality carve‑outs and restrictions on using risk assessments (Rule 14.01)","Integration of Vexatious Proceedings Act procedures with dedicated forms and timelines (Order 15; Rules 15.02–15.15)","Large suite of standardised forms and prescribed notices that must be used to comply (Forms 1AA, 1AB and Forms 1–13)","Interplay between child protection, family law orders and intervention orders requiring cross‑disclosure (Rules 4.02(m); 4.03(g); 4.04(i))"],"plain_english_summary":"These Rules set the procedural steps for family violence matters in the Children's Court under the Family Violence Protection Act 2008: what information must be in applications, how documents and affidavits are filed and served, how hearings and evidence (including experts) are handled, and standard forms. They affect applicants, respondents, protected people, police, registrars and legal representatives. The Rules allocate who must do what (filing, service, disclosure), give registrars and the Court procedural discretion, and impose compliance burdens and confidentiality for certain material (eg, risk assessments)."},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":5,"scope_assessment":{"changed":false,"description":"The legislation maintains its original scope as procedural rules for family violence proceedings in the Children's Court. The 2020 amendments added electronic filing capabilities and updated forms, but did not expand beyond the core purpose of governing intervention order proceedings. The inclusion of Order 15 (Vexatious Proceedings Act procedures) was part of the original 2018 design, not a later expansion."},"complexity_factors":["15 Orders with multiple Parts and Divisions creating a modular but fragmented structure","13 prescribed forms with detailed field requirements and alternative formatting options","Cross-references to at least 5 other Acts: Family Violence Protection Act 2008, Personal Safety Intervention Orders Act 2010, Children Youth and Families Act 2005, Vexatious Proceedings Act 2014, and Legal Profession Uniform Law (Victoria)","Conditional logic for different applicant types (police vs non-police, represented vs unrepresented parties)","Dual application framework - rules apply to both Family Violence Protection Act proceedings and transferred Personal Safety Intervention Orders Act proceedings","Multiple service methods with specific conditions (personal service vs electronic service vs after-hours service)","Nested exceptions for vulnerable witnesses and safety concerns (e.g., address disclosure exemptions)","Parallel structure maintained with Personal Safety Intervention Orders Rules requiring intentional numbering gaps","Amendment history tracking with substituted rules and version control notes"],"plain_english_summary":"These are the procedural rules that govern how family violence cases are handled in Victoria's Children's Court. They set out the step-by-step process for applying for intervention orders (court orders that protect people from family violence), from filling out the initial paperwork through to hearings, appeals, and enforcement.\n\n**Who it affects:**\n- **Victims of family violence** (called \"affected family members\" or \"protected persons\") seeking protection\n- **Respondents** (the person accused of family violence) defending applications\n- **Police officers** who can apply for orders on someone's behalf\n- **Children** who may be included as protected persons even if the violence wasn't directed at them\n- **Court staff** including registrars and magistrates who administer the process\n\n**What it does:**\n- **Sets out required information** for applications, including details of the violence alleged, relationship between parties, and any firearms or weapons involved\n- **Governs how documents are served** (delivered) to parties, with special protections for safety\n- **Establishes procedures for hearings**, including rules about evidence, expert witnesses, and alternative arrangements for vulnerable witnesses\n- **Creates processes for changing or cancelling orders** (variation, revocation, or extension)\n- **Provides for appeals** to higher courts and rehearings when someone didn't attend the original hearing\n- **Includes special rules** for people who have been declared \"vexatious litigants\" (those who misuse the court system with repeated unmeritorious claims)\n- **Requires plain-language explanation sheets** (Forms 1AA and 1AB) that explain intervention orders in simple terms, including that children can be harmed by family violence even if they don't witness it directly\n\n**Why it matters:**\nThese rules ensure family violence proceedings are handled efficiently while protecting vulnerable people. They balance the need for quick protection (including after-hours applications) with fairness to respondents. The rules recognise that family violence includes not just physical violence but economic control, emotional abuse, threats, and coercive control. They also ensure children are specifically protected, acknowledging that exposure to family violence causes them serious harm even if they're not the direct target."}},"importantCases":[],"_links":{"self":"/api/acts/children-s-court-family-violence-protection-rules-2018","history":"/api/acts/children-s-court-family-violence-protection-rules-2018/history","analysis":"/api/acts/children-s-court-family-violence-protection-rules-2018/analysis","conflicts":"/api/acts/children-s-court-family-violence-protection-rules-2018/conflicts","importantCases":"/api/acts/children-s-court-family-violence-protection-rules-2018/important-cases","documents":"/api/acts/children-s-court-family-violence-protection-rules-2018/documents"}}