{"id":"qld:sl-2014-0322","name":"Domestic and Family Violence Protection Rules 2014","slug":"domestic-and-family-violence-protection-rules-2014","collection":"regulation","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"322 of 2014","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":175510,"registerId":"qld-qld:sl-2014-0322-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":0},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThese rules may be cited as the Domestic and Family Violence Protection Rules 2014 .","sortOrder":1},{"sectionNumber":"sec.2","sectionType":"section","heading":"Commencement","content":"### sec.2 Commencement\n\nThese rules commence on 28 February 2015.","sortOrder":2},{"sectionNumber":"sec.3","sectionType":"section","heading":"Application","content":"### sec.3 Application\n\nThese rules apply to—\na proceeding in a DFVP court under the DFVP Act ; and\na registry of a DFVP court in relation to a proceeding under that Act.\nThese rules do not apply to an appeal under the DFVP Act .\nThe DFVP Act , section 142 states that the Uniform Civil Procedure Rules 1999 apply to an appeal under the DFVP Act . See also the DFVP Act , part 5 , division 5 for other provisions that apply to an appeal.\n(sec.3-ssec.1) These rules apply to— a proceeding in a DFVP court under the DFVP Act ; and a registry of a DFVP court in relation to a proceeding under that Act.\n(sec.3-ssec.2) These rules do not apply to an appeal under the DFVP Act . The DFVP Act , section 142 states that the Uniform Civil Procedure Rules 1999 apply to an appeal under the DFVP Act . See also the DFVP Act , part 5 , division 5 for other provisions that apply to an appeal.\n- (a) a proceeding in a DFVP court under the DFVP Act ; and\n- (b) a registry of a DFVP court in relation to a proceeding under that Act.","sortOrder":3},{"sectionNumber":"sec.4","sectionType":"section","heading":"Dictionary","content":"### sec.4 Dictionary\n\nThe dictionary in schedule 2 defines particular words used in these rules.\nWords and expressions used in the DFVP Act have the same meaning in these rules as they have in that Act.\nHowever, subrule (2) does not apply if the rule where the term is used makes it clear that the term does not have the same meaning as in the DFVP Act .\n(sec.4-ssec.1) The dictionary in schedule 2 defines particular words used in these rules.\n(sec.4-ssec.2) Words and expressions used in the DFVP Act have the same meaning in these rules as they have in that Act.\n(sec.4-ssec.3) However, subrule (2) does not apply if the rule where the term is used makes it clear that the term does not have the same meaning as in the DFVP Act .","sortOrder":4},{"sectionNumber":"sec.5","sectionType":"section","heading":"Main objects of rules","content":"### sec.5 Main objects of rules\n\nThe main objects of these rules are—\nto allow a DFVP court to decide a proceeding in a way that—\nis consistent with the main objects of the DFVP Act ; and\nresolves a proceeding under that Act with a minimum of expense; and\nfacilitates the just and expeditious resolution of the issues relevant to the proceeding; and\nto provide for the practice and procedure of a DFVP court for a proceeding.\nThese rules are to be applied by DFVP courts with the objective of avoiding undue delay, expense and technicality and facilitating the objects of these rules and the DFVP Act .\nA party to a proceeding undertakes to the DFVP court and to the other parties to proceed in an expeditious way.\n(sec.5-ssec.1) The main objects of these rules are— to allow a DFVP court to decide a proceeding in a way that— is consistent with the main objects of the DFVP Act ; and resolves a proceeding under that Act with a minimum of expense; and facilitates the just and expeditious resolution of the issues relevant to the proceeding; and to provide for the practice and procedure of a DFVP court for a proceeding.\n(sec.5-ssec.2) These rules are to be applied by DFVP courts with the objective of avoiding undue delay, expense and technicality and facilitating the objects of these rules and the DFVP Act .\n(sec.5-ssec.3) A party to a proceeding undertakes to the DFVP court and to the other parties to proceed in an expeditious way.\n- (a) to allow a DFVP court to decide a proceeding in a way that— (i) is consistent with the main objects of the DFVP Act ; and (ii) resolves a proceeding under that Act with a minimum of expense; and (iii) facilitates the just and expeditious resolution of the issues relevant to the proceeding; and\n- (i) is consistent with the main objects of the DFVP Act ; and\n- (ii) resolves a proceeding under that Act with a minimum of expense; and\n- (iii) facilitates the just and expeditious resolution of the issues relevant to the proceeding; and\n- (b) to provide for the practice and procedure of a DFVP court for a proceeding.\n- (i) is consistent with the main objects of the DFVP Act ; and\n- (ii) resolves a proceeding under that Act with a minimum of expense; and\n- (iii) facilitates the just and expeditious resolution of the issues relevant to the proceeding; and","sortOrder":5},{"sectionNumber":"sec.6","sectionType":"section","heading":"Failure to comply with rules","content":"### sec.6 Failure to comply with rules\n\nA failure to comply with a rule is an irregularity and does not render a proceeding, a document, step taken or order made in a proceeding a nullity.\nHowever, a DFVP court can make an order dealing with a failure to comply with a rule if the court considers it appropriate.\nThe DFVP court may waive compliance with a rule, or excuse noncompliance with a rule, if the DFVP court considers compliance with the rule would be inconsistent with—\nthe main objects of the DFVP Act under the DFVP Act , section 3 ; or\nthe principles for administering the DFVP Act under the DFVP Act , section 4 .\n(sec.6-ssec.1) A failure to comply with a rule is an irregularity and does not render a proceeding, a document, step taken or order made in a proceeding a nullity.\n(sec.6-ssec.2) However, a DFVP court can make an order dealing with a failure to comply with a rule if the court considers it appropriate.\n(sec.6-ssec.3) The DFVP court may waive compliance with a rule, or excuse noncompliance with a rule, if the DFVP court considers compliance with the rule would be inconsistent with— the main objects of the DFVP Act under the DFVP Act , section 3 ; or the principles for administering the DFVP Act under the DFVP Act , section 4 .\n- (a) the main objects of the DFVP Act under the DFVP Act , section 3 ; or\n- (b) the principles for administering the DFVP Act under the DFVP Act , section 4 .","sortOrder":6},{"sectionNumber":"pt.2","sectionType":"part","heading":"Filing documents in proceeding","content":"# Filing documents in proceeding","sortOrder":7},{"sectionNumber":"sec.7","sectionType":"section","heading":"What pt 2 is about","content":"### sec.7 What pt 2 is about\n\nPart 2 explains how a document in a proceeding, including a DFVP application, is to be filed.\nSee the DFVP Act , sections 32 (2) and 86 (2) for what a DFVP application is to include.","sortOrder":8},{"sectionNumber":"sec.8","sectionType":"section","heading":"DFVP application may be filed in registry in any district or region","content":"### sec.8 DFVP application may be filed in registry in any district or region\n\nA DFVP application, other than a relevant police protection application, may be filed in a registry of a DFVP court in any district for the court or region.\nSee the DFVP Act , section 111 for where a relevant police protection application is to be filed.\nSee the DFVP Act , section 136 for a DFVP court’s jurisdiction.\nIn this rule—\nChildrens Court judge see the Childrens Court Act 1992 , section 3 .\ndistrict , for a DFVP court, means—\nif the DFVP court is a Magistrates Court—a district appointed under the Justices Act 1886 for the purposes of a Magistrates Court; or\nif the DFVP court is the Childrens Court, and the court is constituted by a Childrens Court magistrate—a district appointed under the Justices Act 1886 for the purposes of a Magistrates Court; or\nif the DFVP court is the Childrens Court, and the court is constituted by a Childrens Court judge—a district of the court declared by regulation made under the District Court of Queensland Act 1967 , section 7 ; or\nif the DFVP court is the District Court—a district of the court declared by regulation made under the District Court of Queensland Act 1967 , section 7 ; or\nif the DFVP court is the Supreme Court—a district of the court mentioned in the Supreme Court of Queensland Regulation 2012 , schedule.\nregion means a region under the Supreme Court of Queensland Act 1991 , section 53 .\nrelevant police protection application means a police protection notice that is taken to be an application for a protection order under the DFVP Act , section 112 .\nr 8 amd 2015 SL No. 78 s 5 ; 2025 SL No. 129 s 14\n(sec.8-ssec.1) A DFVP application, other than a relevant police protection application, may be filed in a registry of a DFVP court in any district for the court or region. See the DFVP Act , section 111 for where a relevant police protection application is to be filed. See the DFVP Act , section 136 for a DFVP court’s jurisdiction.\n(sec.8-ssec.2) In this rule— Childrens Court judge see the Childrens Court Act 1992 , section 3 . district , for a DFVP court, means— if the DFVP court is a Magistrates Court—a district appointed under the Justices Act 1886 for the purposes of a Magistrates Court; or if the DFVP court is the Childrens Court, and the court is constituted by a Childrens Court magistrate—a district appointed under the Justices Act 1886 for the purposes of a Magistrates Court; or if the DFVP court is the Childrens Court, and the court is constituted by a Childrens Court judge—a district of the court declared by regulation made under the District Court of Queensland Act 1967 , section 7 ; or if the DFVP court is the District Court—a district of the court declared by regulation made under the District Court of Queensland Act 1967 , section 7 ; or if the DFVP court is the Supreme Court—a district of the court mentioned in the Supreme Court of Queensland Regulation 2012 , schedule. region means a region under the Supreme Court of Queensland Act 1991 , section 53 . relevant police protection application means a police protection notice that is taken to be an application for a protection order under the DFVP Act , section 112 .\n- 1 See the DFVP Act , section 111 for where a relevant police protection application is to be filed.\n- 2 See the DFVP Act , section 136 for a DFVP court’s jurisdiction.\n- (a) if the DFVP court is a Magistrates Court—a district appointed under the Justices Act 1886 for the purposes of a Magistrates Court; or\n- (b) if the DFVP court is the Childrens Court, and the court is constituted by a Childrens Court magistrate—a district appointed under the Justices Act 1886 for the purposes of a Magistrates Court; or\n- (c) if the DFVP court is the Childrens Court, and the court is constituted by a Childrens Court judge—a district of the court declared by regulation made under the District Court of Queensland Act 1967 , section 7 ; or\n- (d) if the DFVP court is the District Court—a district of the court declared by regulation made under the District Court of Queensland Act 1967 , section 7 ; or\n- (e) if the DFVP court is the Supreme Court—a district of the court mentioned in the Supreme Court of Queensland Regulation 2012 , schedule.","sortOrder":9},{"sectionNumber":"sec.9","sectionType":"section","heading":"How documents may be filed—general","content":"### sec.9 How documents may be filed—general\n\nA document in a proceeding may be filed by—\ndelivering the document to the registry personally under subrule (2) ; or\nsending the document to the registry by post under subrule (3) ; or\nelectronic or computer-based means—\nif the party filing the document is a police officer—by filing the document under subrule (4) ; or\nif the document is a corrective services statement of service—by filing the document under subrule (5) ; or\notherwise—by filing the document under rule 9A .\nA document is filed personally in the registry when the clerk of the DFVP court receives the document and stamps the document with the date the registry receives it.\nA document is filed in the registry by post if—\nthe document is sent to the postal address for the registry; and\nthe registry receives the document and stamps the document with the date the registry receives it.\nA police officer files a document electronically or by computer-based means if the document is sent electronically or by computer-based means to the registry and the police officer receives an electronic message from the registry that the document was received.\nUnder the DFVP Act , section 153 , a police officer may file a document by electronic or computer-based means.\nA person files a corrective services statement of service electronically or by computer-based means if the document is sent electronically or by computer-based means to the registry and the person receives an electronic message from the registry that the document was received.\nr 9 amd 2021 Act No. 23 s 21 ; 2025 SL No. 111 s 4\n(sec.9-ssec.1) A document in a proceeding may be filed by— delivering the document to the registry personally under subrule (2) ; or sending the document to the registry by post under subrule (3) ; or electronic or computer-based means— if the party filing the document is a police officer—by filing the document under subrule (4) ; or if the document is a corrective services statement of service—by filing the document under subrule (5) ; or otherwise—by filing the document under rule 9A .\n(sec.9-ssec.2) A document is filed personally in the registry when the clerk of the DFVP court receives the document and stamps the document with the date the registry receives it.\n(sec.9-ssec.3) A document is filed in the registry by post if— the document is sent to the postal address for the registry; and the registry receives the document and stamps the document with the date the registry receives it.\n(sec.9-ssec.4) A police officer files a document electronically or by computer-based means if the document is sent electronically or by computer-based means to the registry and the police officer receives an electronic message from the registry that the document was received. Under the DFVP Act , section 153 , a police officer may file a document by electronic or computer-based means.\n(sec.9-ssec.5) A person files a corrective services statement of service electronically or by computer-based means if the document is sent electronically or by computer-based means to the registry and the person receives an electronic message from the registry that the document was received.\n- (a) delivering the document to the registry personally under subrule (2) ; or\n- (b) sending the document to the registry by post under subrule (3) ; or\n- (c) electronic or computer-based means— (i) if the party filing the document is a police officer—by filing the document under subrule (4) ; or (ii) if the document is a corrective services statement of service—by filing the document under subrule (5) ; or (iii) otherwise—by filing the document under rule 9A .\n- (i) if the party filing the document is a police officer—by filing the document under subrule (4) ; or\n- (ii) if the document is a corrective services statement of service—by filing the document under subrule (5) ; or\n- (iii) otherwise—by filing the document under rule 9A .\n- (i) if the party filing the document is a police officer—by filing the document under subrule (4) ; or\n- (ii) if the document is a corrective services statement of service—by filing the document under subrule (5) ; or\n- (iii) otherwise—by filing the document under rule 9A .\n- (a) the document is sent to the postal address for the registry; and\n- (b) the registry receives the document and stamps the document with the date the registry receives it.","sortOrder":10},{"sectionNumber":"sec.9A","sectionType":"section","heading":"How particular parties may file documents electronically","content":"### sec.9A How particular parties may file documents electronically\n\nA party to a proceeding, other than a police officer, may file a document electronically if the principal registrar approves—\nthe electronic filing of the document or documents of that class; and\nthe electronic file format for the document or class of documents.\nSee the Oaths Act 1867 for how an affidavit or statutory declaration may be signed electronically and made in counterparts.\nThe party files a document electronically if the document is sent electronically to the registry and the party receives an electronic message from the registry that the document was received.\nA document filed electronically in the registry—\nmay be retained in electronic form by the registry; and\nis taken for all purposes to be a document in a court file.\nr 9A ins 2021 Act No. 23 s 22\n(sec.9A-ssec.1) A party to a proceeding, other than a police officer, may file a document electronically if the principal registrar approves— the electronic filing of the document or documents of that class; and the electronic file format for the document or class of documents. See the Oaths Act 1867 for how an affidavit or statutory declaration may be signed electronically and made in counterparts.\n(sec.9A-ssec.2) The party files a document electronically if the document is sent electronically to the registry and the party receives an electronic message from the registry that the document was received.\n(sec.9A-ssec.3) A document filed electronically in the registry— may be retained in electronic form by the registry; and is taken for all purposes to be a document in a court file.\n- (a) the electronic filing of the document or documents of that class; and\n- (b) the electronic file format for the document or class of documents.\n- (a) may be retained in electronic form by the registry; and\n- (b) is taken for all purposes to be a document in a court file.","sortOrder":11},{"sectionNumber":"sec.9B","sectionType":"section","heading":"Approvals given by principal registrar","content":"### sec.9B Approvals given by principal registrar\n\nThis rule applies to an approval given by the principal registrar under rule 9A (1) .\nThe approval—\nmay be given on conditions; and\nmust be published on the Queensland Courts website.\nThe failure of the principal registrar to comply with subrule (2) (b) does not affect the validity of the approval.\nr 9B ins 2021 Act No. 23 s 22\n(sec.9B-ssec.1) This rule applies to an approval given by the principal registrar under rule 9A (1) .\n(sec.9B-ssec.2) The approval— may be given on conditions; and must be published on the Queensland Courts website.\n(sec.9B-ssec.3) The failure of the principal registrar to comply with subrule (2) (b) does not affect the validity of the approval.\n- (a) may be given on conditions; and\n- (b) must be published on the Queensland Courts website.","sortOrder":12},{"sectionNumber":"sec.10","sectionType":"section","heading":"Change of address for service or email to be filed in DFVP court registry","content":"### sec.10 Change of address for service or email to be filed in DFVP court registry\n\nNotice of any change in the address for service or email of a party to a proceeding must be filed in the registry of the DFVP court hearing the proceeding.\nThe clerk of the DFVP court must give a copy of the notice to the police commissioner.\n(sec.10-ssec.1) Notice of any change in the address for service or email of a party to a proceeding must be filed in the registry of the DFVP court hearing the proceeding.\n(sec.10-ssec.2) The clerk of the DFVP court must give a copy of the notice to the police commissioner.","sortOrder":13},{"sectionNumber":"pt.3","sectionType":"part","heading":"Notice of proceedings","content":"# Notice of proceedings","sortOrder":14},{"sectionNumber":"pt.3-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":15},{"sectionNumber":"sec.11","sectionType":"section","heading":"What pt 3 is about","content":"### sec.11 What pt 3 is about\n\nPart 3 generally explains how a person, other than a child, is to be given notice of proceedings.\nThe DFVP Act , section 188 states how a document is to be given to, or served on, a child.\nDivision 2 explains how personal service, ordinary service and informal service are to be performed for a proceeding and includes other matters about attempted service and service under a substituted service order.\nDivision 3 explains how a named person is to be given notice of a proceeding.\nThe DFVP Act also regulates how service is to be performed.\nr 11 amd 2023 SL No. 96 s 4\n(sec.11-ssec.1) Part 3 generally explains how a person, other than a child, is to be given notice of proceedings. The DFVP Act , section 188 states how a document is to be given to, or served on, a child.\n(sec.11-ssec.2) Division 2 explains how personal service, ordinary service and informal service are to be performed for a proceeding and includes other matters about attempted service and service under a substituted service order.\n(sec.11-ssec.3) Division 3 explains how a named person is to be given notice of a proceeding. The DFVP Act also regulates how service is to be performed.","sortOrder":16},{"sectionNumber":"pt.3-div.2","sectionType":"division","heading":"Service","content":"## Service","sortOrder":17},{"sectionNumber":"sec.12","sectionType":"section","heading":"How personal service is performed","content":"### sec.12 How personal service is performed\n\nTo serve a document personally, the person serving it must—\ngive the document, or a copy of the document, to the person to be served; and\ntell the person to be served what the document is; and\nif the document is being served under the Corrective Services Act 2006 , section 348B (2) —explain to the person to be served the nature and effect of the document.\nGenerally, the DFVP Act requires documents that must be personally served on a person to be served by a police officer. For example, the DFVP Act , sections 34 (1) and 184 (2) require a police officer to personally serve the following documents on a respondent—\na copy of a DFVP application;\na domestic violence order, or a varied domestic violence order.\nUnder the DFVP Act , section 184 (4) , personal service on a respondent is not required in particular circumstances if the respondent is present in the DFVP court when an order is varied or made.\nHowever, if the person does not accept the document or copy, the person serving it may serve it by putting it down in the person’s presence and telling the person what it is.\nIt is not necessary to show to the person served the original of the document.\nr 12 amd 2025 SL No. 111 s 5\n(sec.12-ssec.1) To serve a document personally, the person serving it must— give the document, or a copy of the document, to the person to be served; and tell the person to be served what the document is; and if the document is being served under the Corrective Services Act 2006 , section 348B (2) —explain to the person to be served the nature and effect of the document. Generally, the DFVP Act requires documents that must be personally served on a person to be served by a police officer. For example, the DFVP Act , sections 34 (1) and 184 (2) require a police officer to personally serve the following documents on a respondent— a copy of a DFVP application; a domestic violence order, or a varied domestic violence order. Under the DFVP Act , section 184 (4) , personal service on a respondent is not required in particular circumstances if the respondent is present in the DFVP court when an order is varied or made.\n(sec.12-ssec.2) However, if the person does not accept the document or copy, the person serving it may serve it by putting it down in the person’s presence and telling the person what it is.\n(sec.12-ssec.3) It is not necessary to show to the person served the original of the document.\n- (a) give the document, or a copy of the document, to the person to be served; and\n- (b) tell the person to be served what the document is; and\n- (c) if the document is being served under the Corrective Services Act 2006 , section 348B (2) —explain to the person to be served the nature and effect of the document.\n- 1 Generally, the DFVP Act requires documents that must be personally served on a person to be served by a police officer. For example, the DFVP Act , sections 34 (1) and 184 (2) require a police officer to personally serve the following documents on a respondent— (a) a copy of a DFVP application; (b) a domestic violence order, or a varied domestic violence order.\n- (a) a copy of a DFVP application; (b) a domestic violence order, or a varied domestic violence order.\n- (a) a copy of a DFVP application;\n- (b) a domestic violence order, or a varied domestic violence order.\n- 2 Under the DFVP Act , section 184 (4) , personal service on a respondent is not required in particular circumstances if the respondent is present in the DFVP court when an order is varied or made.\n- (a) a copy of a DFVP application; (b) a domestic violence order, or a varied domestic violence order.\n- (a) a copy of a DFVP application;\n- (b) a domestic violence order, or a varied domestic violence order.\n- (a) a copy of a DFVP application;\n- (b) a domestic violence order, or a varied domestic violence order.","sortOrder":18},{"sectionNumber":"sec.13","sectionType":"section","heading":"Proof of personal service","content":"### sec.13 Proof of personal service\n\nThis rule applies to a person, other than a police officer, who must personally serve a document under the DFVP Act or these rules.\nThe person must—\nfile an affidavit of personal service with the registry of the DFVP court hearing the proceeding; and\nif the DFVP court orders—give evidence orally about the service.\nThe affidavit of personal service must—\neither—\nbe in the approved form and—\nhave the document that was served filed with it as an exhibit; or\nif the document that was served has been filed—mention the document in a way sufficient to enable the document to be identified; or\nbe written on the document that was served but otherwise be in the approved form; and\nbe made by the person who served the document; and\ninclude each of the following details—\nthe person’s name;\nthe time, day and date the document was served;\nthe place of service;\nthe name of the person served and how the person was identified.\nr 13 amd 2017 SL No. 192 s 3\n(sec.13-ssec.1) This rule applies to a person, other than a police officer, who must personally serve a document under the DFVP Act or these rules.\n(sec.13-ssec.2) The person must— file an affidavit of personal service with the registry of the DFVP court hearing the proceeding; and if the DFVP court orders—give evidence orally about the service.\n(sec.13-ssec.3) The affidavit of personal service must— either— be in the approved form and— have the document that was served filed with it as an exhibit; or if the document that was served has been filed—mention the document in a way sufficient to enable the document to be identified; or be written on the document that was served but otherwise be in the approved form; and be made by the person who served the document; and include each of the following details— the person’s name; the time, day and date the document was served; the place of service; the name of the person served and how the person was identified.\n- (a) file an affidavit of personal service with the registry of the DFVP court hearing the proceeding; and\n- (b) if the DFVP court orders—give evidence orally about the service.\n- (a) either— (i) be in the approved form and— (A) have the document that was served filed with it as an exhibit; or (B) if the document that was served has been filed—mention the document in a way sufficient to enable the document to be identified; or (ii) be written on the document that was served but otherwise be in the approved form; and\n- (i) be in the approved form and— (A) have the document that was served filed with it as an exhibit; or (B) if the document that was served has been filed—mention the document in a way sufficient to enable the document to be identified; or\n- (A) have the document that was served filed with it as an exhibit; or\n- (B) if the document that was served has been filed—mention the document in a way sufficient to enable the document to be identified; or\n- (ii) be written on the document that was served but otherwise be in the approved form; and\n- (b) be made by the person who served the document; and\n- (c) include each of the following details— (i) the person’s name; (ii) the time, day and date the document was served; (iii) the place of service; (iv) the name of the person served and how the person was identified.\n- (i) the person’s name;\n- (ii) the time, day and date the document was served;\n- (iii) the place of service;\n- (iv) the name of the person served and how the person was identified.\n- (i) be in the approved form and— (A) have the document that was served filed with it as an exhibit; or (B) if the document that was served has been filed—mention the document in a way sufficient to enable the document to be identified; or\n- (A) have the document that was served filed with it as an exhibit; or\n- (B) if the document that was served has been filed—mention the document in a way sufficient to enable the document to be identified; or\n- (ii) be written on the document that was served but otherwise be in the approved form; and\n- (A) have the document that was served filed with it as an exhibit; or\n- (B) if the document that was served has been filed—mention the document in a way sufficient to enable the document to be identified; or\n- (i) the person’s name;\n- (ii) the time, day and date the document was served;\n- (iii) the place of service;\n- (iv) the name of the person served and how the person was identified.","sortOrder":19},{"sectionNumber":"sec.14","sectionType":"section","heading":"Statement of police service","content":"### sec.14 Statement of police service\n\nThis rule applies to a police officer who must personally serve—\na domestic violence order mentioned in the DFVP Act , section 124 ; or\nanother document under the DFVP Act or these rules.\nHowever, this rule does not apply if—\nthe document is served under the Corrective Services Act 2006 , section 348B (2) ; or\nthe police officer files an affidavit of personal service or a statement of substituted police service in relation to the document.\nThe police officer must file a statement (a statement of police service ) with the registry of the DFVP court hearing the proceeding, unless a DFVP court orders otherwise.\nThe statement of police service must—\nbe made and signed by the officer who served the document; and\ninclude each of the following details—\nthe officer’s name and rank;\nthe time, day and date the document was served;\nthe place of service;\nthe name of the person served and how the person was identified;\nif the DFVP Act requires the police officer to explain the document or the nature of the content of the document to the person served—how the document or content was explained; and\ninclude a statement that either—\nthe contents of the statement are true; or\nif the contents of the statement are stated on the basis of information and belief—the contents are true to the best of the knowledge of the officer; and\ninclude a statement that the officer understands that a police officer who provides a false matter in the statement may commit an offence.\nfalse declaration under the Criminal Code , section 194\nThe statement of police service must also—\nhave the document that was served filed with it as an exhibit; or\nif the document that was served has been filed—mention the document in a way sufficient to enable the document to be identified; or\nbe written on the document that was served.\nr 14 amd 2017 SL No. 192 s 4 ; 2023 SL No. 96 s 5 ; 2025 SL No. 111 s 6\n(sec.14-ssec.1) This rule applies to a police officer who must personally serve— a domestic violence order mentioned in the DFVP Act , section 124 ; or another document under the DFVP Act or these rules.\n(sec.14-ssec.2) However, this rule does not apply if— the document is served under the Corrective Services Act 2006 , section 348B (2) ; or the police officer files an affidavit of personal service or a statement of substituted police service in relation to the document.\n(sec.14-ssec.3) The police officer must file a statement (a statement of police service ) with the registry of the DFVP court hearing the proceeding, unless a DFVP court orders otherwise.\n(sec.14-ssec.4) The statement of police service must— be made and signed by the officer who served the document; and include each of the following details— the officer’s name and rank; the time, day and date the document was served; the place of service; the name of the person served and how the person was identified; if the DFVP Act requires the police officer to explain the document or the nature of the content of the document to the person served—how the document or content was explained; and include a statement that either— the contents of the statement are true; or if the contents of the statement are stated on the basis of information and belief—the contents are true to the best of the knowledge of the officer; and include a statement that the officer understands that a police officer who provides a false matter in the statement may commit an offence. false declaration under the Criminal Code , section 194\n(sec.14-ssec.5) The statement of police service must also— have the document that was served filed with it as an exhibit; or if the document that was served has been filed—mention the document in a way sufficient to enable the document to be identified; or be written on the document that was served.\n- (a) a domestic violence order mentioned in the DFVP Act , section 124 ; or\n- (b) another document under the DFVP Act or these rules.\n- (a) the document is served under the Corrective Services Act 2006 , section 348B (2) ; or\n- (b) the police officer files an affidavit of personal service or a statement of substituted police service in relation to the document.\n- (a) be made and signed by the officer who served the document; and\n- (b) include each of the following details— (i) the officer’s name and rank; (ii) the time, day and date the document was served; (iii) the place of service; (iv) the name of the person served and how the person was identified; (v) if the DFVP Act requires the police officer to explain the document or the nature of the content of the document to the person served—how the document or content was explained; and\n- (i) the officer’s name and rank;\n- (ii) the time, day and date the document was served;\n- (iii) the place of service;\n- (iv) the name of the person served and how the person was identified;\n- (v) if the DFVP Act requires the police officer to explain the document or the nature of the content of the document to the person served—how the document or content was explained; and\n- (c) include a statement that either— (i) the contents of the statement are true; or (ii) if the contents of the statement are stated on the basis of information and belief—the contents are true to the best of the knowledge of the officer; and\n- (i) the contents of the statement are true; or\n- (ii) if the contents of the statement are stated on the basis of information and belief—the contents are true to the best of the knowledge of the officer; and\n- (d) include a statement that the officer understands that a police officer who provides a false matter in the statement may commit an offence. Example of offence— false declaration under the Criminal Code , section 194\n- (i) the officer’s name and rank;\n- (ii) the time, day and date the document was served;\n- (iii) the place of service;\n- (iv) the name of the person served and how the person was identified;\n- (v) if the DFVP Act requires the police officer to explain the document or the nature of the content of the document to the person served—how the document or content was explained; and\n- (i) the contents of the statement are true; or\n- (ii) if the contents of the statement are stated on the basis of information and belief—the contents are true to the best of the knowledge of the officer; and\n- (a) have the document that was served filed with it as an exhibit; or\n- (b) if the document that was served has been filed—mention the document in a way sufficient to enable the document to be identified; or\n- (c) be written on the document that was served.","sortOrder":20},{"sectionNumber":"sec.14AA","sectionType":"section","heading":"Affidavit of attempted personal service","content":"### sec.14AA Affidavit of attempted personal service\n\nThis rule applies if an application for a substituted service order is made under the DFVP Act , section 184A in relation to personal service of a document on a respondent.\nA police officer who has attempted to personally serve the document on the respondent must file an affidavit of attempted personal service with the registry of the DFVP court hearing the application, unless the DFVP court orders otherwise.\nThe affidavit of attempted personal service must be filed—\nif the application is made under the DFVP Act , section 184A (4) (b) —as soon as practicable after a copy of the application is given to the police commissioner under rule 19A ; or\nif the application is made under the DFVP Act , section 184A (4) (c) —when the application is filed.\nThe affidavit of attempted personal service must—\nbe in the approved form; and\nbe made by a police officer who has attempted to serve the document; and\ninclude the following details for each attempt by a police officer to serve the document—\nthe name and rank of the officer who attempted to serve the document;\nthe time, day and date the document was attempted to be served;\nthe place at which the document was attempted to be served;\nthe name of the person attempted to be served;\nthe reason service was not effected; and\neither—\nhave the document that was attempted to be served filed with it as an exhibit; or\nif the document that was attempted to be served has been filed—mention the document in a way sufficient to enable the document to be identified.\nIf more than 1 police officer has attempted to personally serve the document on the respondent, each of the officers is taken to have complied with subrule (2) if an affidavit of attempted personal service is filed by any 1 of the officers under this rule.\nIf the DFVP court orders, a police officer mentioned in an affidavit of attempted personal service must give evidence orally about the attempted service of the document by the officer.\nr 14AA ins 2023 SL No. 96 s 6\n(sec.14AA-ssec.1) This rule applies if an application for a substituted service order is made under the DFVP Act , section 184A in relation to personal service of a document on a respondent.\n(sec.14AA-ssec.2) A police officer who has attempted to personally serve the document on the respondent must file an affidavit of attempted personal service with the registry of the DFVP court hearing the application, unless the DFVP court orders otherwise.\n(sec.14AA-ssec.3) The affidavit of attempted personal service must be filed— if the application is made under the DFVP Act , section 184A (4) (b) —as soon as practicable after a copy of the application is given to the police commissioner under rule 19A ; or if the application is made under the DFVP Act , section 184A (4) (c) —when the application is filed.\n(sec.14AA-ssec.4) The affidavit of attempted personal service must— be in the approved form; and be made by a police officer who has attempted to serve the document; and include the following details for each attempt by a police officer to serve the document— the name and rank of the officer who attempted to serve the document; the time, day and date the document was attempted to be served; the place at which the document was attempted to be served; the name of the person attempted to be served; the reason service was not effected; and either— have the document that was attempted to be served filed with it as an exhibit; or if the document that was attempted to be served has been filed—mention the document in a way sufficient to enable the document to be identified.\n(sec.14AA-ssec.5) If more than 1 police officer has attempted to personally serve the document on the respondent, each of the officers is taken to have complied with subrule (2) if an affidavit of attempted personal service is filed by any 1 of the officers under this rule.\n(sec.14AA-ssec.6) If the DFVP court orders, a police officer mentioned in an affidavit of attempted personal service must give evidence orally about the attempted service of the document by the officer.\n- (a) if the application is made under the DFVP Act , section 184A (4) (b) —as soon as practicable after a copy of the application is given to the police commissioner under rule 19A ; or\n- (b) if the application is made under the DFVP Act , section 184A (4) (c) —when the application is filed.\n- (a) be in the approved form; and\n- (b) be made by a police officer who has attempted to serve the document; and\n- (c) include the following details for each attempt by a police officer to serve the document— (i) the name and rank of the officer who attempted to serve the document; (ii) the time, day and date the document was attempted to be served; (iii) the place at which the document was attempted to be served; (iv) the name of the person attempted to be served; (v) the reason service was not effected; and\n- (i) the name and rank of the officer who attempted to serve the document;\n- (ii) the time, day and date the document was attempted to be served;\n- (iii) the place at which the document was attempted to be served;\n- (iv) the name of the person attempted to be served;\n- (v) the reason service was not effected; and\n- (d) either— (i) have the document that was attempted to be served filed with it as an exhibit; or (ii) if the document that was attempted to be served has been filed—mention the document in a way sufficient to enable the document to be identified.\n- (i) have the document that was attempted to be served filed with it as an exhibit; or\n- (ii) if the document that was attempted to be served has been filed—mention the document in a way sufficient to enable the document to be identified.\n- (i) the name and rank of the officer who attempted to serve the document;\n- (ii) the time, day and date the document was attempted to be served;\n- (iii) the place at which the document was attempted to be served;\n- (iv) the name of the person attempted to be served;\n- (v) the reason service was not effected; and\n- (i) have the document that was attempted to be served filed with it as an exhibit; or\n- (ii) if the document that was attempted to be served has been filed—mention the document in a way sufficient to enable the document to be identified.","sortOrder":21},{"sectionNumber":"sec.14AB","sectionType":"section","heading":"Statement of substituted police service","content":"### sec.14AB Statement of substituted police service\n\nThis rule applies if a police officer serves a document on a respondent under a substituted service order.\nThe police officer must file a statement (a statement of substituted police service ) with the registry of the DFVP court hearing the proceeding, unless a DFVP court orders otherwise.\nThe statement of substituted police service must—\nbe made and signed by the police officer who served the document; and\ninclude each of the following details—\nthe officer’s name and rank;\nthe time, day and date the document was served;\nthe way, stated in the substituted service order, in which the document was served;\nthe name of the person served; and\nif the officer complied with the DFVP Act , section 184A (5) (a) and (b) —\nstate that the provisions were complied with; and\ninclude details of how the document, and the nature and effect of the document, were explained to the respondent; and\nif the officer did not comply with the DFVP Act , section 184A (5) (a) and (b) —state the basis on which it was not reasonable in the circumstances to comply with the provisions; and\ninclude a statement that—\nthe contents of the statement are true; or\nif the contents of the statement are stated on the basis of information and belief—the contents are true to the best of the knowledge of the officer; and\ninclude a statement that the officer understands that a police officer who provides a false matter in the statement may commit an offence.\nfalse declaration under the Criminal Code , section 194\nThe statement of substituted police service must also—\nhave the substituted service order filed with the statement as an exhibit; and\neither—\nhave the document that was served filed with the statement as an exhibit; or\nif the document that was served has been filed—mention the document in a way sufficient to enable the document to be identified.\nr 14AB ins 2023 SL No. 96 s 6\n(sec.14AB-ssec.1) This rule applies if a police officer serves a document on a respondent under a substituted service order.\n(sec.14AB-ssec.2) The police officer must file a statement (a statement of substituted police service ) with the registry of the DFVP court hearing the proceeding, unless a DFVP court orders otherwise.\n(sec.14AB-ssec.3) The statement of substituted police service must— be made and signed by the police officer who served the document; and include each of the following details— the officer’s name and rank; the time, day and date the document was served; the way, stated in the substituted service order, in which the document was served; the name of the person served; and if the officer complied with the DFVP Act , section 184A (5) (a) and (b) — state that the provisions were complied with; and include details of how the document, and the nature and effect of the document, were explained to the respondent; and if the officer did not comply with the DFVP Act , section 184A (5) (a) and (b) —state the basis on which it was not reasonable in the circumstances to comply with the provisions; and include a statement that— the contents of the statement are true; or if the contents of the statement are stated on the basis of information and belief—the contents are true to the best of the knowledge of the officer; and include a statement that the officer understands that a police officer who provides a false matter in the statement may commit an offence. false declaration under the Criminal Code , section 194\n(sec.14AB-ssec.4) The statement of substituted police service must also— have the substituted service order filed with the statement as an exhibit; and either— have the document that was served filed with the statement as an exhibit; or if the document that was served has been filed—mention the document in a way sufficient to enable the document to be identified.\n- (a) be made and signed by the police officer who served the document; and\n- (b) include each of the following details— (i) the officer’s name and rank; (ii) the time, day and date the document was served; (iii) the way, stated in the substituted service order, in which the document was served; (iv) the name of the person served; and\n- (i) the officer’s name and rank;\n- (ii) the time, day and date the document was served;\n- (iii) the way, stated in the substituted service order, in which the document was served;\n- (iv) the name of the person served; and\n- (c) if the officer complied with the DFVP Act , section 184A (5) (a) and (b) — (i) state that the provisions were complied with; and (ii) include details of how the document, and the nature and effect of the document, were explained to the respondent; and\n- (i) state that the provisions were complied with; and\n- (ii) include details of how the document, and the nature and effect of the document, were explained to the respondent; and\n- (d) if the officer did not comply with the DFVP Act , section 184A (5) (a) and (b) —state the basis on which it was not reasonable in the circumstances to comply with the provisions; and\n- (e) include a statement that— (i) the contents of the statement are true; or (ii) if the contents of the statement are stated on the basis of information and belief—the contents are true to the best of the knowledge of the officer; and\n- (i) the contents of the statement are true; or\n- (ii) if the contents of the statement are stated on the basis of information and belief—the contents are true to the best of the knowledge of the officer; and\n- (f) include a statement that the officer understands that a police officer who provides a false matter in the statement may commit an offence. Example of offence— false declaration under the Criminal Code , section 194\n- (i) the officer’s name and rank;\n- (ii) the time, day and date the document was served;\n- (iii) the way, stated in the substituted service order, in which the document was served;\n- (iv) the name of the person served; and\n- (i) state that the provisions were complied with; and\n- (ii) include details of how the document, and the nature and effect of the document, were explained to the respondent; and\n- (i) the contents of the statement are true; or\n- (ii) if the contents of the statement are stated on the basis of information and belief—the contents are true to the best of the knowledge of the officer; and\n- (a) have the substituted service order filed with the statement as an exhibit; and\n- (b) either— (i) have the document that was served filed with the statement as an exhibit; or (ii) if the document that was served has been filed—mention the document in a way sufficient to enable the document to be identified.\n- (i) have the document that was served filed with the statement as an exhibit; or\n- (ii) if the document that was served has been filed—mention the document in a way sufficient to enable the document to be identified.\n- (i) have the document that was served filed with the statement as an exhibit; or\n- (ii) if the document that was served has been filed—mention the document in a way sufficient to enable the document to be identified.","sortOrder":22},{"sectionNumber":"sec.14A","sectionType":"section","heading":"Affirming statement of police service or statement of substituted police service","content":"### sec.14A Affirming statement of police service or statement of substituted police service\n\nA police officer making a statement of police service or statement of substituted police service must affirm the statement before—\nthe officer in charge of a police station, police establishment or watch-house; or\nif an officer mentioned paragraph (a) is not practicably available—a police officer of or above the rank of sergeant; or\nif an officer mentioned in paragraph (a) or (b) is not practicably available—a police officer who is more senior in rank to the officer making the statement.\nThe statement of police service or statement of substituted police service must be signed by the police officer before whom it was affirmed (the witnessing officer ) above a statement of the witnessing officer’s name and rank.\nr 14A ins 2017 SL No. 192 s 5\namd 2023 SL No. 96 s 7\n(sec.14A-ssec.1) A police officer making a statement of police service or statement of substituted police service must affirm the statement before— the officer in charge of a police station, police establishment or watch-house; or if an officer mentioned paragraph (a) is not practicably available—a police officer of or above the rank of sergeant; or if an officer mentioned in paragraph (a) or (b) is not practicably available—a police officer who is more senior in rank to the officer making the statement.\n(sec.14A-ssec.2) The statement of police service or statement of substituted police service must be signed by the police officer before whom it was affirmed (the witnessing officer ) above a statement of the witnessing officer’s name and rank.\n- (a) the officer in charge of a police station, police establishment or watch-house; or\n- (b) if an officer mentioned paragraph (a) is not practicably available—a police officer of or above the rank of sergeant; or\n- (c) if an officer mentioned in paragraph (a) or (b) is not practicably available—a police officer who is more senior in rank to the officer making the statement.","sortOrder":23},{"sectionNumber":"sec.14B","sectionType":"section","heading":"Corrective services statement of service","content":"### sec.14B Corrective services statement of service\n\nThis rule applies if a person serves a document under the Corrective Services Act 2006 , section 348B (2) .\nThe chief executive (corrective services) must ensure a statement (a corrective services statement of service ) is filed with the registry of the DFVP court hearing the proceeding, unless a DFVP court orders otherwise.\nThe corrective services statement of service must—\nbe made and signed by the person who served the document; and\ninclude each of the following details—\nthe person’s name and position;\nthe time, day and date the document was served;\nthe place of service;\nthe name of the person served and how that person was identified;\nhow the document, and the nature and effect of the document, were explained to the person served; and\ninclude a statement that either—\nthe contents of the statement are true; or\nif the contents of the statement are stated on the basis of information and belief—the contents are true to the best of the knowledge of the person; and\ninclude a statement that the person understands that a person who provides a false matter in the statement may commit an offence.\nfalse declaration under the Criminal Code , section 194\nThe corrective services statement of service must also—\nhave the document that was served filed with it as an exhibit; or\nif the document that was served has been filed—mention the document in a way sufficient to enable the document to be identified; or\nbe written on the document that was served.\nr 14B ins 2025 SL No. 111 s 7\n(sec.14B-ssec.1) This rule applies if a person serves a document under the Corrective Services Act 2006 , section 348B (2) .\n(sec.14B-ssec.2) The chief executive (corrective services) must ensure a statement (a corrective services statement of service ) is filed with the registry of the DFVP court hearing the proceeding, unless a DFVP court orders otherwise.\n(sec.14B-ssec.3) The corrective services statement of service must— be made and signed by the person who served the document; and include each of the following details— the person’s name and position; the time, day and date the document was served; the place of service; the name of the person served and how that person was identified; how the document, and the nature and effect of the document, were explained to the person served; and include a statement that either— the contents of the statement are true; or if the contents of the statement are stated on the basis of information and belief—the contents are true to the best of the knowledge of the person; and include a statement that the person understands that a person who provides a false matter in the statement may commit an offence. false declaration under the Criminal Code , section 194\n(sec.14B-ssec.4) The corrective services statement of service must also— have the document that was served filed with it as an exhibit; or if the document that was served has been filed—mention the document in a way sufficient to enable the document to be identified; or be written on the document that was served.\n- (a) be made and signed by the person who served the document; and\n- (b) include each of the following details— (i) the person’s name and position; (ii) the time, day and date the document was served; (iii) the place of service; (iv) the name of the person served and how that person was identified; (v) how the document, and the nature and effect of the document, were explained to the person served; and\n- (i) the person’s name and position;\n- (ii) the time, day and date the document was served;\n- (iii) the place of service;\n- (iv) the name of the person served and how that person was identified;\n- (v) how the document, and the nature and effect of the document, were explained to the person served; and\n- (c) include a statement that either— (i) the contents of the statement are true; or (ii) if the contents of the statement are stated on the basis of information and belief—the contents are true to the best of the knowledge of the person; and\n- (i) the contents of the statement are true; or\n- (ii) if the contents of the statement are stated on the basis of information and belief—the contents are true to the best of the knowledge of the person; and\n- (d) include a statement that the person understands that a person who provides a false matter in the statement may commit an offence. Example of offence— false declaration under the Criminal Code , section 194\n- (i) the person’s name and position;\n- (ii) the time, day and date the document was served;\n- (iii) the place of service;\n- (iv) the name of the person served and how that person was identified;\n- (v) how the document, and the nature and effect of the document, were explained to the person served; and\n- (i) the contents of the statement are true; or\n- (ii) if the contents of the statement are stated on the basis of information and belief—the contents are true to the best of the knowledge of the person; and\n- (a) have the document that was served filed with it as an exhibit; or\n- (b) if the document that was served has been filed—mention the document in a way sufficient to enable the document to be identified; or\n- (c) be written on the document that was served.","sortOrder":24},{"sectionNumber":"sec.14C","sectionType":"section","heading":"Affirming corrective services statement of service","content":"### sec.14C Affirming corrective services statement of service\n\nThe person making a corrective services statement of service under section 14B (3) must affirm the statement before a corrective services officer who holds a more senior position than the person making the statement.\nThe corrective services statement of service must be signed by the corrective services officer before whom it was affirmed (the witnessing officer ) above a statement of the witnessing officer’s name and position.\nr 14C ins 2025 SL No. 111 s 7\n(sec.14C-ssec.1) The person making a corrective services statement of service under section 14B (3) must affirm the statement before a corrective services officer who holds a more senior position than the person making the statement.\n(sec.14C-ssec.2) The corrective services statement of service must be signed by the corrective services officer before whom it was affirmed (the witnessing officer ) above a statement of the witnessing officer’s name and position.","sortOrder":25},{"sectionNumber":"sec.15","sectionType":"section","heading":"How ordinary service is performed","content":"### sec.15 How ordinary service is performed\n\nIf personal service or service under a substituted service order is not required under the DFVP Act or these rules, the serving or giving of a document to a person may occur in 1 of the following ways—\nby posting it to the relevant address;\nif the person has given a fax number to the DFVP court—by faxing the document to the person;\nif the person has given an email address to the DFVP court—by emailing the document to the person;\nif the lawyer for the person has—\nan exchange box at a document exchange—by leaving the document in the exchange box or another exchange box available for documents to be transferred to the lawyer’s exchange box; or\na fax number and machine—by faxing the document to the lawyer; or\nan email address—by emailing the document to the lawyer;\nby electronic or computer-based means approved by a DFVP court; or\nin another way as directed by a DFVP court.\nA document served under subrule (1) (d) (i) is taken to have been served on the business day after it is left in the document exchange box.\nIn this rule—\nrelevant address , of a person to be served, means—\nthe person’s address for service; or\nif the person does not have an address for service—the person’s last known place of business or residence.\nr 15 amd 2023 SL No. 96 s 8\n(sec.15-ssec.1) If personal service or service under a substituted service order is not required under the DFVP Act or these rules, the serving or giving of a document to a person may occur in 1 of the following ways— by posting it to the relevant address; if the person has given a fax number to the DFVP court—by faxing the document to the person; if the person has given an email address to the DFVP court—by emailing the document to the person; if the lawyer for the person has— an exchange box at a document exchange—by leaving the document in the exchange box or another exchange box available for documents to be transferred to the lawyer’s exchange box; or a fax number and machine—by faxing the document to the lawyer; or an email address—by emailing the document to the lawyer; by electronic or computer-based means approved by a DFVP court; or in another way as directed by a DFVP court.\n(sec.15-ssec.2) A document served under subrule (1) (d) (i) is taken to have been served on the business day after it is left in the document exchange box.\n(sec.15-ssec.3) In this rule— relevant address , of a person to be served, means— the person’s address for service; or if the person does not have an address for service—the person’s last known place of business or residence.\n- (a) by posting it to the relevant address;\n- (b) if the person has given a fax number to the DFVP court—by faxing the document to the person;\n- (c) if the person has given an email address to the DFVP court—by emailing the document to the person;\n- (d) if the lawyer for the person has— (i) an exchange box at a document exchange—by leaving the document in the exchange box or another exchange box available for documents to be transferred to the lawyer’s exchange box; or (ii) a fax number and machine—by faxing the document to the lawyer; or (iii) an email address—by emailing the document to the lawyer;\n- (i) an exchange box at a document exchange—by leaving the document in the exchange box or another exchange box available for documents to be transferred to the lawyer’s exchange box; or\n- (ii) a fax number and machine—by faxing the document to the lawyer; or\n- (iii) an email address—by emailing the document to the lawyer;\n- (e) by electronic or computer-based means approved by a DFVP court; or\n- (f) in another way as directed by a DFVP court.\n- (i) an exchange box at a document exchange—by leaving the document in the exchange box or another exchange box available for documents to be transferred to the lawyer’s exchange box; or\n- (ii) a fax number and machine—by faxing the document to the lawyer; or\n- (iii) an email address—by emailing the document to the lawyer;\n- (a) the person’s address for service; or\n- (b) if the person does not have an address for service—the person’s last known place of business or residence.","sortOrder":26},{"sectionNumber":"sec.16","sectionType":"section","heading":"Informal service","content":"### sec.16 Informal service\n\nThis rule applies if—\npersonal service or service under a substituted service order is not required by the DFVP Act or these rules; and\na document is not served as required under rule 15 for any reason; and\ndespite the document not being served under rule 15 , the document or a copy of the document still came into the possession of the person to be served; and\nthe DFVP court is satisfied on evidence before it that the document came into the person’s possession on or before a particular day.\nThe DFVP court may order that the possession of the document is service for these rules.\nThe DFVP court may order that the document was served on—\nthe day it came into the person’s possession; or\nanother day stated in the order.\nr 16 amd 2023 SL No. 96 s 9\n(sec.16-ssec.1) This rule applies if— personal service or service under a substituted service order is not required by the DFVP Act or these rules; and a document is not served as required under rule 15 for any reason; and despite the document not being served under rule 15 , the document or a copy of the document still came into the possession of the person to be served; and the DFVP court is satisfied on evidence before it that the document came into the person’s possession on or before a particular day.\n(sec.16-ssec.2) The DFVP court may order that the possession of the document is service for these rules.\n(sec.16-ssec.3) The DFVP court may order that the document was served on— the day it came into the person’s possession; or another day stated in the order.\n- (a) personal service or service under a substituted service order is not required by the DFVP Act or these rules; and\n- (b) a document is not served as required under rule 15 for any reason; and\n- (c) despite the document not being served under rule 15 , the document or a copy of the document still came into the possession of the person to be served; and\n- (d) the DFVP court is satisfied on evidence before it that the document came into the person’s possession on or before a particular day.\n- (a) the day it came into the person’s possession; or\n- (b) another day stated in the order.","sortOrder":27},{"sectionNumber":"sec.17","sectionType":"section","heading":"Service outside the State","content":"### sec.17 Service outside the State\n\nIf a document is required to be served under the DFVP Act or these rules, the document may be served—\noutside the State but within Australia; or\noutside Australia.\nIf a document is to be served outside the State—\nthe DFVP court may issue a direction about how the document is to be served; and\nthe document must otherwise be served in compliance with this division.\nIn deciding whether to issue a direction about how a document is to be served under subrule (2) , the DFVP court may consider—\nfor service outside Australia—whether a convention requires the service to be performed in a particular way; and\nthe Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters done at the Hague on 15 November 1965\nhow the party required to serve the document is to pay the costs of service; and\nif the document must be served personally and the DFVP court considers it is impracticable for service to be proved by an affidavit of personal service or statement of police service—whether service is to be proved in another way.\nHowever, if a document is to be served outside the State but within Australia and the document may be served in accordance with the Service and Execution of Process Act 1992 (Cwlth) , the document must be served in accordance with that Act.\nAlso, if a document is to be served within New Zealand and the document may be served in accordance with the Trans-Tasman Proceedings Act 2010 (Cwlth) , the document must be served in accordance with that Act.\nNothing in this rule, or in any direction issued by a DFVP court made under these rules, authorises or requires the doing of anything in a country in which service is to be effected that is contrary to the law of the country.\n(sec.17-ssec.1) If a document is required to be served under the DFVP Act or these rules, the document may be served— outside the State but within Australia; or outside Australia.\n(sec.17-ssec.2) If a document is to be served outside the State— the DFVP court may issue a direction about how the document is to be served; and the document must otherwise be served in compliance with this division.\n(sec.17-ssec.3) In deciding whether to issue a direction about how a document is to be served under subrule (2) , the DFVP court may consider— for service outside Australia—whether a convention requires the service to be performed in a particular way; and the Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters done at the Hague on 15 November 1965 how the party required to serve the document is to pay the costs of service; and if the document must be served personally and the DFVP court considers it is impracticable for service to be proved by an affidavit of personal service or statement of police service—whether service is to be proved in another way.\n(sec.17-ssec.4) However, if a document is to be served outside the State but within Australia and the document may be served in accordance with the Service and Execution of Process Act 1992 (Cwlth) , the document must be served in accordance with that Act.\n(sec.17-ssec.5) Also, if a document is to be served within New Zealand and the document may be served in accordance with the Trans-Tasman Proceedings Act 2010 (Cwlth) , the document must be served in accordance with that Act.\n(sec.17-ssec.6) Nothing in this rule, or in any direction issued by a DFVP court made under these rules, authorises or requires the doing of anything in a country in which service is to be effected that is contrary to the law of the country.\n- (a) outside the State but within Australia; or\n- (b) outside Australia.\n- (a) the DFVP court may issue a direction about how the document is to be served; and\n- (b) the document must otherwise be served in compliance with this division.\n- (a) for service outside Australia—whether a convention requires the service to be performed in a particular way; and Example of a convention— the Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters done at the Hague on 15 November 1965\n- (b) how the party required to serve the document is to pay the costs of service; and\n- (c) if the document must be served personally and the DFVP court considers it is impracticable for service to be proved by an affidavit of personal service or statement of police service—whether service is to be proved in another way.","sortOrder":28},{"sectionNumber":"pt.3-div.3","sectionType":"division","heading":"Informing named person of proceeding","content":"## Informing named person of proceeding","sortOrder":29},{"sectionNumber":"sec.18","sectionType":"section","heading":"Giving notice of proceeding to named person","content":"### sec.18 Giving notice of proceeding to named person\n\nThis rule applies if a person is to be specifically named in a domestic violence order when it is made, or at a later time if it is varied.\nIf a DFVP court considers that it is necessary and appropriate, the DFVP court may order that a copy of the DFVP application for the protection order or a variation of the protection order be served on the person.\nIf the person is a child, the DFVP court must consider the following matters before making an order under subrule (2) —\nthe age of the child;\nthe ability of the child to understand the DFVP application;\nwhether the court has dispensed with the requirement to give a copy of the DFVP application to a parent of the child under the DFVP Act , section 188 (3) ;\nwhether service of the copy of the DFVP application is in the best interests of the child;\nwhether the child is already aware of the proceeding or the circumstances giving rise to the proceeding.\nIf an order is made, the clerk of the DFVP court must—\nserve a copy of the DFVP application on—\nif the person is a child—the child in accordance with the DFVP Act , section 188 ; or\notherwise—the person; and\ninform the person that the person may be specifically named in the domestic violence order; and\ninform the person that the DFVP court may inform itself in any way it considers appropriate in a proceeding under the DFVP Act , section 145 .\n(sec.18-ssec.1) This rule applies if a person is to be specifically named in a domestic violence order when it is made, or at a later time if it is varied.\n(sec.18-ssec.2) If a DFVP court considers that it is necessary and appropriate, the DFVP court may order that a copy of the DFVP application for the protection order or a variation of the protection order be served on the person.\n(sec.18-ssec.3) If the person is a child, the DFVP court must consider the following matters before making an order under subrule (2) — the age of the child; the ability of the child to understand the DFVP application; whether the court has dispensed with the requirement to give a copy of the DFVP application to a parent of the child under the DFVP Act , section 188 (3) ; whether service of the copy of the DFVP application is in the best interests of the child; whether the child is already aware of the proceeding or the circumstances giving rise to the proceeding.\n(sec.18-ssec.4) If an order is made, the clerk of the DFVP court must— serve a copy of the DFVP application on— if the person is a child—the child in accordance with the DFVP Act , section 188 ; or otherwise—the person; and inform the person that the person may be specifically named in the domestic violence order; and inform the person that the DFVP court may inform itself in any way it considers appropriate in a proceeding under the DFVP Act , section 145 .\n- (a) the age of the child;\n- (b) the ability of the child to understand the DFVP application;\n- (c) whether the court has dispensed with the requirement to give a copy of the DFVP application to a parent of the child under the DFVP Act , section 188 (3) ;\n- (d) whether service of the copy of the DFVP application is in the best interests of the child;\n- (e) whether the child is already aware of the proceeding or the circumstances giving rise to the proceeding.\n- (a) serve a copy of the DFVP application on— (i) if the person is a child—the child in accordance with the DFVP Act , section 188 ; or (ii) otherwise—the person; and\n- (i) if the person is a child—the child in accordance with the DFVP Act , section 188 ; or\n- (ii) otherwise—the person; and\n- (b) inform the person that the person may be specifically named in the domestic violence order; and\n- (c) inform the person that the DFVP court may inform itself in any way it considers appropriate in a proceeding under the DFVP Act , section 145 .\n- (i) if the person is a child—the child in accordance with the DFVP Act , section 188 ; or\n- (ii) otherwise—the person; and","sortOrder":30},{"sectionNumber":"pt.3-div.4","sectionType":"division","heading":"Informing police commissioner of particular matters","content":"## Informing police commissioner of particular matters","sortOrder":31},{"sectionNumber":"sec.19","sectionType":"section","heading":"Obligation to inform police commissioner if suspended domestic violence order is to be revived","content":"### sec.19 Obligation to inform police commissioner if suspended domestic violence order is to be revived\n\nThis rule applies if—\na domestic violence order is suspended under the DFVP Act , section 48 (3) ; and\na DFVP court refuses to vary the domestic violence order or an application for variation of the domestic violence order is withdrawn; and\nthe respondent is not present in court when the refusal or withdrawal happens.\nThe clerk of the DFVP court must notify the police commissioner about the refusal or withdrawal.\nSee the DFVP Act , section 48 (5) (b) and (c) and (6) for the effect of a police officer informing the respondent of matters relating to the suspended domestic violence order.\nSee the DFVP Act , section 48 (7) for how a police officer may tell the respondent about the refusal or withdrawal of the domestic violence order.\n(sec.19-ssec.1) This rule applies if— a domestic violence order is suspended under the DFVP Act , section 48 (3) ; and a DFVP court refuses to vary the domestic violence order or an application for variation of the domestic violence order is withdrawn; and the respondent is not present in court when the refusal or withdrawal happens.\n(sec.19-ssec.2) The clerk of the DFVP court must notify the police commissioner about the refusal or withdrawal. See the DFVP Act , section 48 (5) (b) and (c) and (6) for the effect of a police officer informing the respondent of matters relating to the suspended domestic violence order. See the DFVP Act , section 48 (7) for how a police officer may tell the respondent about the refusal or withdrawal of the domestic violence order.\n- (a) a domestic violence order is suspended under the DFVP Act , section 48 (3) ; and\n- (b) a DFVP court refuses to vary the domestic violence order or an application for variation of the domestic violence order is withdrawn; and\n- (c) the respondent is not present in court when the refusal or withdrawal happens.\n- 1 See the DFVP Act , section 48 (5) (b) and (c) and (6) for the effect of a police officer informing the respondent of matters relating to the suspended domestic violence order.\n- 2 See the DFVP Act , section 48 (7) for how a police officer may tell the respondent about the refusal or withdrawal of the domestic violence order.","sortOrder":32},{"sectionNumber":"sec.19A","sectionType":"section","heading":"Obligation to inform police commissioner of particular application for substituted service order","content":"### sec.19A Obligation to inform police commissioner of particular application for substituted service order\n\nThis rule applies if an application for a substituted service order is made under the DFVP Act , section 184A (4) (b) .\nThe clerk of the DFVP court must, as soon as reasonably practicable after the application is filed, give a copy of the application to the police commissioner.\nr 19A ins 2023 SL No. 96 s 11\n(sec.19A-ssec.1) This rule applies if an application for a substituted service order is made under the DFVP Act , section 184A (4) (b) .\n(sec.19A-ssec.2) The clerk of the DFVP court must, as soon as reasonably practicable after the application is filed, give a copy of the application to the police commissioner.","sortOrder":33},{"sectionNumber":"pt.3-div.5","sectionType":"division","heading":"Copy of criminal history and domestic violence history","content":"## Copy of criminal history and domestic violence history","sortOrder":34},{"sectionNumber":"sec.19B","sectionType":"section","heading":"Obligation to give respondent copy of criminal history and domestic violence history","content":"### sec.19B Obligation to give respondent copy of criminal history and domestic violence history\n\nThis rule applies if the police commissioner is required under the DFVP Act, section 36A or 90A to ensure a copy of the respondent’s criminal history and domestic violence history (the respondent’s history ) is filed in or given to a DFVP court in relation to a DFVP application.\nThe police commissioner must ensure a copy of the respondent’s history is given to the respondent before the first hearing of the DFVP application by the DFVP court.\nHowever, subrule (2) does not apply if—\nthe police commissioner believes the respondent has obtained a copy of the respondent’s history from another person; or\ngiving the respondent a copy of the respondent’s history is not reasonably practicable in the circumstances.\nWithout limiting subrule (3) (b) , giving the respondent a copy of the respondent’s history is not reasonably practicable if the police commissioner can not locate the respondent after making all reasonable inquiries.\nr 19B ins 2023 SL No. 96 s 12\nsub 2024 SL No. 213 s 3\n(sec.19B-ssec.1) This rule applies if the police commissioner is required under the DFVP Act, section 36A or 90A to ensure a copy of the respondent’s criminal history and domestic violence history (the respondent’s history ) is filed in or given to a DFVP court in relation to a DFVP application.\n(sec.19B-ssec.2) The police commissioner must ensure a copy of the respondent’s history is given to the respondent before the first hearing of the DFVP application by the DFVP court.\n(sec.19B-ssec.3) However, subrule (2) does not apply if— the police commissioner believes the respondent has obtained a copy of the respondent’s history from another person; or giving the respondent a copy of the respondent’s history is not reasonably practicable in the circumstances.\n(sec.19B-ssec.4) Without limiting subrule (3) (b) , giving the respondent a copy of the respondent’s history is not reasonably practicable if the police commissioner can not locate the respondent after making all reasonable inquiries.\n- (a) the police commissioner believes the respondent has obtained a copy of the respondent’s history from another person; or\n- (b) giving the respondent a copy of the respondent’s history is not reasonably practicable in the circumstances.","sortOrder":35},{"sectionNumber":"pt.4","sectionType":"part","heading":"Conduct of proceedings","content":"# Conduct of proceedings","sortOrder":36},{"sectionNumber":"pt.4-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":37},{"sectionNumber":"sec.20","sectionType":"section","heading":"What pt 4 is about","content":"### sec.20 What pt 4 is about\n\nPart 4 explains matters that relate to proceedings under the DFVP Act .","sortOrder":38},{"sectionNumber":"pt.4-div.2","sectionType":"division","heading":"Directions in proceeding","content":"## Directions in proceeding","sortOrder":39},{"sectionNumber":"sec.21","sectionType":"section","heading":"What div 2 is about","content":"### sec.21 What div 2 is about\n\nDivision 2 explains the orders or directions that may be made or issued by a DFVP court in a proceeding.\nThe DFVP Act , section 144 allows a DFVP court to issue directions about matters not provided for by these rules.","sortOrder":40},{"sectionNumber":"sec.22","sectionType":"section","heading":"Directions that may be issued by DFVP court for proceeding","content":"### sec.22 Directions that may be issued by DFVP court for proceeding\n\nThe DFVP court may issue a direction about any of the following for a proceeding—\nthat an application be amended, and how the application is to be amended;\nthat an applicant give further particulars about his or her application;\nthat evidence given by a person be given by affidavit;\nhow and when an affidavit is to be filed and served on the other parties in the proceeding;\nthat a person give further details of a matter in the affidavit, and how the further details are to be given;\nthat a person who has given an affidavit attend, or not attend, a proceeding;\nhow a respondent may cross-examine an aggrieved or a named person;\nA DFVP court may make an order that the respondent who is not represented by a lawyer may not cross-examine a protected witness under the DFVP Act , section 151 .\nhow a respondent’s lawyer may cross-examine an aggrieved, named person or child;\nthat scandalous or oppressive matter in an affidavit be removed from the affidavit;\nthat a scandalous or oppressive document be removed from the file;\nthat a party to the proceeding may appear and make submissions by telephone, video link or another form of communication, including conditions about the appearance and submissions;\nthat evidence may be received by telephone, video link or another form of communication, including conditions about how the evidence may be received;\nthat a document, particular documents or a class of documents be disclosed to a party in the proceeding, and how disclosure is to happen;\nif a person is to be specifically named in a domestic violence order and the application is to be served in a way other than rule 18 —the way the person is to be notified;\nthat a named person give evidence in a proceeding;\nhow and when a subpoena is to be served;\nthat the police commissioner give the DFVP court a copy of a respondent’s criminal history and domestic violence history for a proceeding under the DFVP Act , section 42 or 43 .\nAlso, subrule (3) applies if, in a proceeding that is a DFVP application, the DFVP court considers it is necessary to have a respondent’s current criminal history and domestic violence history because of the time that has passed since a copy of the respondent’s criminal history and domestic violence history was filed in or given to the court under the DFVP Act , section 36A or 90A .\nThe DFVP court may issue a direction that the police commissioner give the court a copy of the respondent’s current criminal history and domestic violence history.\nIf the DFVP court issues a direction under subrule (1) (q) or (3) —\nthe direction applies only to information—\nin the police commissioner’s possession; or\nthat, under a law, the police commissioner is permitted to access and give to the court to be used in a proceeding under the DFVP Act ; and\nany domestic violence history given to the court must, if the respondent’s domestic violence history includes a domestic violence order made or varied with the respondent’s consent under the DFVP Act , section 51 , state that fact.\nr 22 amd 2023 SL No. 96 s 13\n(sec.22-ssec.1) The DFVP court may issue a direction about any of the following for a proceeding— that an application be amended, and how the application is to be amended; that an applicant give further particulars about his or her application; that evidence given by a person be given by affidavit; how and when an affidavit is to be filed and served on the other parties in the proceeding; that a person give further details of a matter in the affidavit, and how the further details are to be given; that a person who has given an affidavit attend, or not attend, a proceeding; how a respondent may cross-examine an aggrieved or a named person; A DFVP court may make an order that the respondent who is not represented by a lawyer may not cross-examine a protected witness under the DFVP Act , section 151 . how a respondent’s lawyer may cross-examine an aggrieved, named person or child; that scandalous or oppressive matter in an affidavit be removed from the affidavit; that a scandalous or oppressive document be removed from the file; that a party to the proceeding may appear and make submissions by telephone, video link or another form of communication, including conditions about the appearance and submissions; that evidence may be received by telephone, video link or another form of communication, including conditions about how the evidence may be received; that a document, particular documents or a class of documents be disclosed to a party in the proceeding, and how disclosure is to happen; if a person is to be specifically named in a domestic violence order and the application is to be served in a way other than rule 18 —the way the person is to be notified; that a named person give evidence in a proceeding; how and when a subpoena is to be served; that the police commissioner give the DFVP court a copy of a respondent’s criminal history and domestic violence history for a proceeding under the DFVP Act , section 42 or 43 .\n(sec.22-ssec.2) Also, subrule (3) applies if, in a proceeding that is a DFVP application, the DFVP court considers it is necessary to have a respondent’s current criminal history and domestic violence history because of the time that has passed since a copy of the respondent’s criminal history and domestic violence history was filed in or given to the court under the DFVP Act , section 36A or 90A .\n(sec.22-ssec.3) The DFVP court may issue a direction that the police commissioner give the court a copy of the respondent’s current criminal history and domestic violence history.\n(sec.22-ssec.4) If the DFVP court issues a direction under subrule (1) (q) or (3) — the direction applies only to information— in the police commissioner’s possession; or that, under a law, the police commissioner is permitted to access and give to the court to be used in a proceeding under the DFVP Act ; and any domestic violence history given to the court must, if the respondent’s domestic violence history includes a domestic violence order made or varied with the respondent’s consent under the DFVP Act , section 51 , state that fact.\n- (a) that an application be amended, and how the application is to be amended;\n- (b) that an applicant give further particulars about his or her application;\n- (c) that evidence given by a person be given by affidavit;\n- (d) how and when an affidavit is to be filed and served on the other parties in the proceeding;\n- (e) that a person give further details of a matter in the affidavit, and how the further details are to be given;\n- (f) that a person who has given an affidavit attend, or not attend, a proceeding;\n- (g) how a respondent may cross-examine an aggrieved or a named person; Note— A DFVP court may make an order that the respondent who is not represented by a lawyer may not cross-examine a protected witness under the DFVP Act , section 151 .\n- (h) how a respondent’s lawyer may cross-examine an aggrieved, named person or child;\n- (i) that scandalous or oppressive matter in an affidavit be removed from the affidavit;\n- (j) that a scandalous or oppressive document be removed from the file;\n- (k) that a party to the proceeding may appear and make submissions by telephone, video link or another form of communication, including conditions about the appearance and submissions;\n- (l) that evidence may be received by telephone, video link or another form of communication, including conditions about how the evidence may be received;\n- (m) that a document, particular documents or a class of documents be disclosed to a party in the proceeding, and how disclosure is to happen;\n- (n) if a person is to be specifically named in a domestic violence order and the application is to be served in a way other than rule 18 —the way the person is to be notified;\n- (o) that a named person give evidence in a proceeding;\n- (p) how and when a subpoena is to be served;\n- (q) that the police commissioner give the DFVP court a copy of a respondent’s criminal history and domestic violence history for a proceeding under the DFVP Act , section 42 or 43 .\n- (a) the direction applies only to information— (i) in the police commissioner’s possession; or (ii) that, under a law, the police commissioner is permitted to access and give to the court to be used in a proceeding under the DFVP Act ; and\n- (i) in the police commissioner’s possession; or\n- (ii) that, under a law, the police commissioner is permitted to access and give to the court to be used in a proceeding under the DFVP Act ; and\n- (b) any domestic violence history given to the court must, if the respondent’s domestic violence history includes a domestic violence order made or varied with the respondent’s consent under the DFVP Act , section 51 , state that fact.\n- (i) in the police commissioner’s possession; or\n- (ii) that, under a law, the police commissioner is permitted to access and give to the court to be used in a proceeding under the DFVP Act ; and","sortOrder":41},{"sectionNumber":"sec.23","sectionType":"section","heading":"Matters relevant to making order or issuing direction","content":"### sec.23 Matters relevant to making order or issuing direction\n\nIn deciding whether to make an order or issue a direction, the interests of justice are paramount.\nIn addition to the principle mentioned in subrule (1) , in deciding whether to make an order or issue a direction of a type mentioned in rule 22 , the DFVP court may have regard to the following matters—\nthe protection of the person for whose benefit a DFVP application is made under the DFVP Act ;\nthat each party is entitled to a fair hearing;\nthe time allowed for taking a step in the proceeding or for the hearing must be reasonable;\nthe complexity or simplicity of the case;\nthe importance of the issues and the case as a whole;\nthe volume and character of the evidence to be led;\nthe time expected to be taken by the hearing;\nthe number of witnesses to be called by the parties;\nthat each party must be given a reasonable opportunity to lead evidence and cross-examine witnesses;\nthe state of the court lists;\nanother relevant matter.\n(sec.23-ssec.1) In deciding whether to make an order or issue a direction, the interests of justice are paramount.\n(sec.23-ssec.2) In addition to the principle mentioned in subrule (1) , in deciding whether to make an order or issue a direction of a type mentioned in rule 22 , the DFVP court may have regard to the following matters— the protection of the person for whose benefit a DFVP application is made under the DFVP Act ; that each party is entitled to a fair hearing; the time allowed for taking a step in the proceeding or for the hearing must be reasonable; the complexity or simplicity of the case; the importance of the issues and the case as a whole; the volume and character of the evidence to be led; the time expected to be taken by the hearing; the number of witnesses to be called by the parties; that each party must be given a reasonable opportunity to lead evidence and cross-examine witnesses; the state of the court lists; another relevant matter.\n- (a) the protection of the person for whose benefit a DFVP application is made under the DFVP Act ;\n- (b) that each party is entitled to a fair hearing;\n- (c) the time allowed for taking a step in the proceeding or for the hearing must be reasonable;\n- (d) the complexity or simplicity of the case;\n- (e) the importance of the issues and the case as a whole;\n- (f) the volume and character of the evidence to be led;\n- (g) the time expected to be taken by the hearing;\n- (h) the number of witnesses to be called by the parties;\n- (i) that each party must be given a reasonable opportunity to lead evidence and cross-examine witnesses;\n- (j) the state of the court lists;\n- (k) another relevant matter.","sortOrder":42},{"sectionNumber":"sec.24","sectionType":"section","heading":"Order made or direction issued may be inconsistent with rules","content":"### sec.24 Order made or direction issued may be inconsistent with rules\n\nIf the DFVP court’s order or direction is inconsistent with another provision of these rules, the DFVP court’s order or direction prevails to the extent of the inconsistency.","sortOrder":43},{"sectionNumber":"sec.25","sectionType":"section","heading":"Revoking or varying order made or direction issued under rules","content":"### sec.25 Revoking or varying order made or direction issued under rules\n\nA DFVP court may at any time vary or revoke an order made or direction issued under these rules.","sortOrder":44},{"sectionNumber":"sec.26","sectionType":"section","heading":"Failure to comply with DFVP court directions","content":"### sec.26 Failure to comply with DFVP court directions\n\nA failure to comply with a direction of a DFVP court issued under these rules is an irregularity and does not render a proceeding, a document or step taken in a proceeding a nullity.","sortOrder":45},{"sectionNumber":"pt.4-div.3","sectionType":"division","heading":"Litigation guardians","content":"## Litigation guardians","sortOrder":46},{"sectionNumber":"sec.27","sectionType":"section","heading":"Who may be litigation guardian","content":"### sec.27 Who may be litigation guardian\n\nA person may be a litigation guardian of an aggrieved, a respondent or named person with impaired capacity if the person—\nis an adult; and\nis not a person with impaired capacity; and\nhas no interest in the proceeding adverse to the interest in the proceeding of the person with impaired capacity; and\nconsents to being a litigation guardian.\n- (a) is an adult; and\n- (b) is not a person with impaired capacity; and\n- (c) has no interest in the proceeding adverse to the interest in the proceeding of the person with impaired capacity; and\n- (d) consents to being a litigation guardian.","sortOrder":47},{"sectionNumber":"sec.28","sectionType":"section","heading":"Litigation guardian for aggrieved","content":"### sec.28 Litigation guardian for aggrieved\n\nThis rule applies if—\nan aggrieved is a person with impaired capacity; and\nan authorised person does not appear on behalf of the aggrieved; and\nAn authorised person may appear on behalf of an aggrieved in a proceeding under the DFVP Act , section 25 .\na guardian has not been appointed under the Guardianship and Administration Act 2000 for the person for a legal matter.\nUnless a person is appointed as a litigation guardian by a DFVP court, a person becomes a litigation guardian of an aggrieved with impaired capacity for a proceeding by filing in the registry the person’s written consent to be litigation guardian of the aggrieved.\nIf the interests of an aggrieved who is a person with impaired capacity require it, a DFVP court may appoint or remove a litigation guardian for the aggrieved or substitute another person as litigation guardian.\n(sec.28-ssec.1) This rule applies if— an aggrieved is a person with impaired capacity; and an authorised person does not appear on behalf of the aggrieved; and An authorised person may appear on behalf of an aggrieved in a proceeding under the DFVP Act , section 25 . a guardian has not been appointed under the Guardianship and Administration Act 2000 for the person for a legal matter.\n(sec.28-ssec.2) Unless a person is appointed as a litigation guardian by a DFVP court, a person becomes a litigation guardian of an aggrieved with impaired capacity for a proceeding by filing in the registry the person’s written consent to be litigation guardian of the aggrieved.\n(sec.28-ssec.3) If the interests of an aggrieved who is a person with impaired capacity require it, a DFVP court may appoint or remove a litigation guardian for the aggrieved or substitute another person as litigation guardian.\n- (a) an aggrieved is a person with impaired capacity; and\n- (b) an authorised person does not appear on behalf of the aggrieved; and Note— An authorised person may appear on behalf of an aggrieved in a proceeding under the DFVP Act , section 25 .\n- (c) a guardian has not been appointed under the Guardianship and Administration Act 2000 for the person for a legal matter.","sortOrder":48},{"sectionNumber":"sec.29","sectionType":"section","heading":"Litigation guardian for named person or respondent","content":"### sec.29 Litigation guardian for named person or respondent\n\nThis rule applies if—\na respondent or named person is a person with impaired capacity; and\na guardian has not been appointed under the Guardianship and Administration Act 2000 for the person for a legal matter.\nUnless a person is appointed as a litigation guardian by a DFVP court, a person becomes a litigation guardian of a respondent or named person with impaired capacity for a proceeding by filing in the registry the person’s written consent to be litigation guardian of the respondent or named person.\nIf the interests of a respondent or named person who is a person with impaired capacity require it, a DFVP court may appoint or remove a litigation guardian or substitute another person as litigation guardian for the respondent or named person.\n(sec.29-ssec.1) This rule applies if— a respondent or named person is a person with impaired capacity; and a guardian has not been appointed under the Guardianship and Administration Act 2000 for the person for a legal matter.\n(sec.29-ssec.2) Unless a person is appointed as a litigation guardian by a DFVP court, a person becomes a litigation guardian of a respondent or named person with impaired capacity for a proceeding by filing in the registry the person’s written consent to be litigation guardian of the respondent or named person.\n(sec.29-ssec.3) If the interests of a respondent or named person who is a person with impaired capacity require it, a DFVP court may appoint or remove a litigation guardian or substitute another person as litigation guardian for the respondent or named person.\n- (a) a respondent or named person is a person with impaired capacity; and\n- (b) a guardian has not been appointed under the Guardianship and Administration Act 2000 for the person for a legal matter.","sortOrder":49},{"sectionNumber":"sec.30","sectionType":"section","heading":"Litigation guardian involvement in proceeding for person with impaired capacity","content":"### sec.30 Litigation guardian involvement in proceeding for person with impaired capacity\n\nA person with impaired capacity may start or be a respondent for a proceeding by the person’s litigation guardian.\nAnything that may be done by a party in a proceeding may be done by the party’s litigation guardian.\n(sec.30-ssec.1) A person with impaired capacity may start or be a respondent for a proceeding by the person’s litigation guardian.\n(sec.30-ssec.2) Anything that may be done by a party in a proceeding may be done by the party’s litigation guardian.","sortOrder":50},{"sectionNumber":"sec.31","sectionType":"section","heading":"Considering respondent’s impaired capacity if respondent does not attend hearing","content":"### sec.31 Considering respondent’s impaired capacity if respondent does not attend hearing\n\nThis rule applies if the DFVP court—\nis deciding whether to hear and decide the application, adjourn the application or order the issue of a warrant for the respondent under the DFVP Act , section 39 (2) ; and\nis aware the respondent is a person with impaired capacity.\nIn making the decision the DFVP court may consider whether—\nto appoint a litigation guardian for the respondent under rule 29 (3) ; or\nto continue to hear the proceeding before a litigation guardian is appointed for the respondent.\nSee the DFVP Act , sections 27 and 44 for a DFVP court’s power to make a temporary protection order on adjourning a proceeding.\n(sec.31-ssec.1) This rule applies if the DFVP court— is deciding whether to hear and decide the application, adjourn the application or order the issue of a warrant for the respondent under the DFVP Act , section 39 (2) ; and is aware the respondent is a person with impaired capacity.\n(sec.31-ssec.2) In making the decision the DFVP court may consider whether— to appoint a litigation guardian for the respondent under rule 29 (3) ; or to continue to hear the proceeding before a litigation guardian is appointed for the respondent. See the DFVP Act , sections 27 and 44 for a DFVP court’s power to make a temporary protection order on adjourning a proceeding.\n- (a) is deciding whether to hear and decide the application, adjourn the application or order the issue of a warrant for the respondent under the DFVP Act , section 39 (2) ; and\n- (b) is aware the respondent is a person with impaired capacity.\n- (a) to appoint a litigation guardian for the respondent under rule 29 (3) ; or\n- (b) to continue to hear the proceeding before a litigation guardian is appointed for the respondent.","sortOrder":51},{"sectionNumber":"pt.5","sectionType":"part","heading":"Evidence in proceeding","content":"# Evidence in proceeding","sortOrder":52},{"sectionNumber":"pt.5-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":53},{"sectionNumber":"sec.32","sectionType":"section","heading":"What pt 5 is about","content":"### sec.32 What pt 5 is about\n\nPart 5 explains how a DFVP court may receive evidence in a proceeding.\nThe DFVP Act , section 145 provides for matters relating to evidence for a DFVP court.","sortOrder":54},{"sectionNumber":"pt.5-div.2","sectionType":"division","heading":"Evidence generally","content":"## Evidence generally","sortOrder":55},{"sectionNumber":"sec.33","sectionType":"section","heading":"Evidence in other proceedings","content":"### sec.33 Evidence in other proceedings\n\nA party may rely on evidence or an affidavit used in an earlier proceeding, an earlier stage of the same proceeding, or in a cross application, if—\nthe evidence or affidavit is relevant to the proceeding; and\nthe DFVP court gives its permission for the evidence or affidavit to be relied upon.\nIn this rule—\ncross application see the DFVP Act , section 41 (1) .\nearlier proceeding includes an earlier criminal or child protection proceeding.\n(sec.33-ssec.1) A party may rely on evidence or an affidavit used in an earlier proceeding, an earlier stage of the same proceeding, or in a cross application, if— the evidence or affidavit is relevant to the proceeding; and the DFVP court gives its permission for the evidence or affidavit to be relied upon.\n(sec.33-ssec.2) In this rule— cross application see the DFVP Act , section 41 (1) . earlier proceeding includes an earlier criminal or child protection proceeding.\n- (a) the evidence or affidavit is relevant to the proceeding; and\n- (b) the DFVP court gives its permission for the evidence or affidavit to be relied upon.","sortOrder":56},{"sectionNumber":"sec.34","sectionType":"section","heading":"Tendering media exhibit at hearing","content":"### sec.34 Tendering media exhibit at hearing\n\nThis rule applies if a party intends to tender a media exhibit at a hearing in a DFVP court.\nAt least 7 days before the hearing starts, the party must file the media exhibit.\nAlso, at least 7 days before the hearing starts, the party filing the exhibit must give all other parties notice that—\nthe media exhibit has been filed; and\nthe party may—\ninspect the media exhibit at the registry; and\nagree to its admission without proof.\nHowever, subrule (3) does not apply if the DFVP court, on the application of a party without notice to the other parties, orders that the media exhibit be placed in a sealed container.\nan envelope\nThe container may be opened only if the DFVP court orders it to be opened.\nA person who intends to tender the media exhibit must ensure that the thing is in a format capable of being played or viewed in the DFVP court.\nNoncompliance with subrule (2) , (3) or (6) does not affect the admissibility of the media exhibit.\n(sec.34-ssec.1) This rule applies if a party intends to tender a media exhibit at a hearing in a DFVP court.\n(sec.34-ssec.2) At least 7 days before the hearing starts, the party must file the media exhibit.\n(sec.34-ssec.3) Also, at least 7 days before the hearing starts, the party filing the exhibit must give all other parties notice that— the media exhibit has been filed; and the party may— inspect the media exhibit at the registry; and agree to its admission without proof.\n(sec.34-ssec.4) However, subrule (3) does not apply if the DFVP court, on the application of a party without notice to the other parties, orders that the media exhibit be placed in a sealed container. an envelope\n(sec.34-ssec.5) The container may be opened only if the DFVP court orders it to be opened.\n(sec.34-ssec.6) A person who intends to tender the media exhibit must ensure that the thing is in a format capable of being played or viewed in the DFVP court.\n(sec.34-ssec.7) Noncompliance with subrule (2) , (3) or (6) does not affect the admissibility of the media exhibit.\n- (a) the media exhibit has been filed; and\n- (b) the party may— (i) inspect the media exhibit at the registry; and (ii) agree to its admission without proof.\n- (i) inspect the media exhibit at the registry; and\n- (ii) agree to its admission without proof.\n- (i) inspect the media exhibit at the registry; and\n- (ii) agree to its admission without proof.","sortOrder":57},{"sectionNumber":"pt.5-div.3","sectionType":"division","heading":"Affidavits","content":"## Affidavits","sortOrder":58},{"sectionNumber":"sec.35","sectionType":"section","heading":"Requirements for affidavits","content":"### sec.35 Requirements for affidavits\n\nThis rule states—\nwhat must be included in an affidavit; and\nthe form of an affidavit.\nAn affidavit must state—\nthe name of the person making the affidavit; and\nthe name of the party on whose behalf it is filed.\nAn affidavit must include only matters that are relevant to the proceedings.\nThe body of an affidavit must be divided into paragraphs numbered consecutively.\nEach page of an affidavit must be numbered.\nAn affidavit may contain statements based on information and belief if the person making the statement states the sources of the information and the grounds for the belief.\nAn affidavit must include a statement that—\neither—\nthe contents of the affidavit are true; or\nif the contents of the affidavit are stated on the basis of information and belief—that those contents are true to the best of the knowledge of the person making the statement; and\nthe person making the affidavit understands that a person who provides a false matter in the affidavit may commit an offence.\nperjury under the Criminal Code , section 123\nAn affidavit must attach the documents referred to in the affidavit after the last page of the affidavit as exhibits to the affidavit.\nAlso, an affidavit must comply with the Oaths Act 1867 .\nr 35 amd 2021 Act No. 23 s 23 ; 2023 SL No. 96 s 14\n(sec.35-ssec.1) This rule states— what must be included in an affidavit; and the form of an affidavit.\n(sec.35-ssec.2) An affidavit must state— the name of the person making the affidavit; and the name of the party on whose behalf it is filed.\n(sec.35-ssec.3) An affidavit must include only matters that are relevant to the proceedings.\n(sec.35-ssec.4) The body of an affidavit must be divided into paragraphs numbered consecutively.\n(sec.35-ssec.5) Each page of an affidavit must be numbered.\n(sec.35-ssec.6) An affidavit may contain statements based on information and belief if the person making the statement states the sources of the information and the grounds for the belief.\n(sec.35-ssec.7) An affidavit must include a statement that— either— the contents of the affidavit are true; or if the contents of the affidavit are stated on the basis of information and belief—that those contents are true to the best of the knowledge of the person making the statement; and the person making the affidavit understands that a person who provides a false matter in the affidavit may commit an offence. perjury under the Criminal Code , section 123\n(sec.35-ssec.8) An affidavit must attach the documents referred to in the affidavit after the last page of the affidavit as exhibits to the affidavit.\n(sec.35-ssec.9) Also, an affidavit must comply with the Oaths Act 1867 .\n- (a) what must be included in an affidavit; and\n- (b) the form of an affidavit.\n- (a) the name of the person making the affidavit; and\n- (b) the name of the party on whose behalf it is filed.\n- (a) either— (i) the contents of the affidavit are true; or (ii) if the contents of the affidavit are stated on the basis of information and belief—that those contents are true to the best of the knowledge of the person making the statement; and\n- (i) the contents of the affidavit are true; or\n- (ii) if the contents of the affidavit are stated on the basis of information and belief—that those contents are true to the best of the knowledge of the person making the statement; and\n- (b) the person making the affidavit understands that a person who provides a false matter in the affidavit may commit an offence. Example of offence— perjury under the Criminal Code , section 123\n- (i) the contents of the affidavit are true; or\n- (ii) if the contents of the affidavit are stated on the basis of information and belief—that those contents are true to the best of the knowledge of the person making the statement; and","sortOrder":59},{"sectionNumber":"sec.36","sectionType":"section","heading":"Swearing or affirming affidavits","content":"### sec.36 Swearing or affirming affidavits\n\nA person making an affidavit must swear or affirm the affidavit before a person who may take an affidavit.\nFor persons who may take an affidavit, see the Oaths Act 1867 , parts 4 and 6A .\nThe affidavit must be signed by the person before whom the affidavit was sworn or affirmed, above a statement of the capacity of the person to take the affidavit.\nr 36 amd 2021 Act No. 23 s 24\n(sec.36-ssec.1) A person making an affidavit must swear or affirm the affidavit before a person who may take an affidavit. For persons who may take an affidavit, see the Oaths Act 1867 , parts 4 and 6A .\n(sec.36-ssec.2) The affidavit must be signed by the person before whom the affidavit was sworn or affirmed, above a statement of the capacity of the person to take the affidavit.","sortOrder":60},{"sectionNumber":"sec.37","sectionType":"section","heading":"Filing affidavit","content":"### sec.37 Filing affidavit\n\nAn affidavit may be used in a proceeding only if it has been filed, unless a DFVP court orders otherwise.","sortOrder":61},{"sectionNumber":"pt.5-div.4","sectionType":"division","heading":"Subpoenas","content":"## Subpoenas","sortOrder":62},{"sectionNumber":"sec.38","sectionType":"section","heading":"What div 4 is about","content":"### sec.38 What div 4 is about\n\nDivision 4 explains how a court may issue a subpoena under the DFVP Act , including—\nhow a person may request a subpoena; and\nthe form of a subpoena; and\nthe obligations of a person to comply with a subpoena; and\nhow a subpoena may be set aside.\nA DFVP court can issue the following subpoenas under the DFVP Act , section 154 —\na subpoena for production;\na subpoena to give evidence;\na subpoena for production and to give evidence.\n- (a) how a person may request a subpoena; and\n- (b) the form of a subpoena; and\n- (c) the obligations of a person to comply with a subpoena; and\n- (d) how a subpoena may be set aside.\n- (a) a subpoena for production;\n- (b) a subpoena to give evidence;\n- (c) a subpoena for production and to give evidence.","sortOrder":63},{"sectionNumber":"sec.39","sectionType":"section","heading":"Requesting subpoena","content":"### sec.39 Requesting subpoena\n\nA request for a subpoena must—\nbe in the approved form; and\nstate the name of the person to whom the subpoena is directed unless a DFVP court orders otherwise; and\nattach the subpoena that is to be issued by the court; and\nbe filed.\n- (a) be in the approved form; and\n- (b) state the name of the person to whom the subpoena is directed unless a DFVP court orders otherwise; and\n- (c) attach the subpoena that is to be issued by the court; and\n- (d) be filed.","sortOrder":64},{"sectionNumber":"sec.40","sectionType":"section","heading":"Subpoena requirements","content":"### sec.40 Subpoena requirements\n\nA subpoena must—\nbe in the approved form; and\ninclude a notice advising the person who must comply with the subpoena that the person has the right to apply to a DFVP court to have the subpoena set aside under rule 41 .\nA subpoena must not be filed.\nA subpoena to give evidence may be addressed to 1 or more persons.\nA subpoena requiring a person to produce a document or thing must include an adequate description of the document or thing.\nA person to whom a subpoena is directed must comply with it.\nSee the DFVP Act , section 155 for the effect of a person’s refusal or failure to comply with a subpoena.\n(sec.40-ssec.1) A subpoena must— be in the approved form; and include a notice advising the person who must comply with the subpoena that the person has the right to apply to a DFVP court to have the subpoena set aside under rule 41 .\n(sec.40-ssec.2) A subpoena must not be filed.\n(sec.40-ssec.3) A subpoena to give evidence may be addressed to 1 or more persons.\n(sec.40-ssec.4) A subpoena requiring a person to produce a document or thing must include an adequate description of the document or thing.\n(sec.40-ssec.5) A person to whom a subpoena is directed must comply with it. See the DFVP Act , section 155 for the effect of a person’s refusal or failure to comply with a subpoena.\n- (a) be in the approved form; and\n- (b) include a notice advising the person who must comply with the subpoena that the person has the right to apply to a DFVP court to have the subpoena set aside under rule 41 .","sortOrder":65},{"sectionNumber":"sec.41","sectionType":"section","heading":"Setting aside subpoena","content":"### sec.41 Setting aside subpoena\n\nA DFVP court may make an order setting aside all or part of a subpoena.\nWithout limiting subrule (1) , the subpoena may be set aside on any of the following grounds—\nwant of relevance;\nprivilege;\noppressiveness, including oppressiveness because substantial expenses may not be reimbursed;\nnoncompliance with these rules;\ncompliance with the subpoena would breach an obligation under an Act.\n(sec.41-ssec.1) A DFVP court may make an order setting aside all or part of a subpoena.\n(sec.41-ssec.2) Without limiting subrule (1) , the subpoena may be set aside on any of the following grounds— want of relevance; privilege; oppressiveness, including oppressiveness because substantial expenses may not be reimbursed; noncompliance with these rules; compliance with the subpoena would breach an obligation under an Act.\n- (a) want of relevance;\n- (b) privilege;\n- (c) oppressiveness, including oppressiveness because substantial expenses may not be reimbursed;\n- (d) noncompliance with these rules;\n- (e) compliance with the subpoena would breach an obligation under an Act.","sortOrder":66},{"sectionNumber":"sec.42","sectionType":"section","heading":"Way person complies with subpoena for production","content":"### sec.42 Way person complies with subpoena for production\n\nThis rule applies to a subpoena requiring a person to produce a document or thing.\nA person may comply with the subpoena by giving the document or thing to the clerk of the DFVP court in a sealed envelope clearly marked ‘court exhibits’, or something similar, at least 1 clear day before the time stated for production in the subpoena.\nThe person must attach a copy of the subpoena to the front of the document, thing or envelope.\nIf a document given to the clerk of the DFVP court is a copy of another document, the person must state if the document is to be—\nreturned to the person; or\ndestroyed.\nIf a document or thing is produced at the registry, the clerk of the DFVP court must—\nissue a receipt to the person producing the document or thing; and\nproduce the document or thing as the DFVP court directs.\nThe subpoena may be satisfied by an agent of the person named in the subpoena producing the document or thing to the DFVP court.\nA DFVP court may order that a person comply with the subpoena in a way other than under this rule.\n(sec.42-ssec.1) This rule applies to a subpoena requiring a person to produce a document or thing.\n(sec.42-ssec.2) A person may comply with the subpoena by giving the document or thing to the clerk of the DFVP court in a sealed envelope clearly marked ‘court exhibits’, or something similar, at least 1 clear day before the time stated for production in the subpoena.\n(sec.42-ssec.3) The person must attach a copy of the subpoena to the front of the document, thing or envelope.\n(sec.42-ssec.4) If a document given to the clerk of the DFVP court is a copy of another document, the person must state if the document is to be— returned to the person; or destroyed.\n(sec.42-ssec.5) If a document or thing is produced at the registry, the clerk of the DFVP court must— issue a receipt to the person producing the document or thing; and produce the document or thing as the DFVP court directs.\n(sec.42-ssec.6) The subpoena may be satisfied by an agent of the person named in the subpoena producing the document or thing to the DFVP court.\n(sec.42-ssec.7) A DFVP court may order that a person comply with the subpoena in a way other than under this rule.\n- (a) returned to the person; or\n- (b) destroyed.\n- (a) issue a receipt to the person producing the document or thing; and\n- (b) produce the document or thing as the DFVP court directs.","sortOrder":67},{"sectionNumber":"sec.43","sectionType":"section","heading":"Giving media exhibit under subpoena","content":"### sec.43 Giving media exhibit under subpoena\n\nThis rule applies to a subpoena requiring a person to produce a document that is a media exhibit.\nThe person must ensure the media exhibit the person produces is in a format capable of being played or viewed by the person seeking the document under the subpoena.\n(sec.43-ssec.1) This rule applies to a subpoena requiring a person to produce a document that is a media exhibit.\n(sec.43-ssec.2) The person must ensure the media exhibit the person produces is in a format capable of being played or viewed by the person seeking the document under the subpoena.","sortOrder":68},{"sectionNumber":"sec.44","sectionType":"section","heading":"Costs of complying with subpoena if non-party","content":"### sec.44 Costs of complying with subpoena if non-party\n\nThis rule applies if—\na subpoena for production is addressed to a person who is not a party to the proceeding; and\na DFVP court is satisfied the person has or will incur substantial loss or expense in complying with the subpoena.\nThe DFVP court may order the party on whose behalf the subpoena was issued to pay all or part of the losses and expenses, including legal costs, incurred by the person to whom the subpoena is addressed in responding properly to the subpoena.\nThe DFVP court may fix the amount payable under subrule (2) or it may order the amount to be fixed by assessment.\nAn order under this rule may be made at the hearing or at another time but in all cases before the order is made finally deciding the proceeding at first instance.\nIf a party who is ordered to pay losses and expenses under subrule (2) obtains an order for the costs of the proceeding under the DFVP Act , section 157 , the DFVP court may make another order it considers appropriate.\n(sec.44-ssec.1) This rule applies if— a subpoena for production is addressed to a person who is not a party to the proceeding; and a DFVP court is satisfied the person has or will incur substantial loss or expense in complying with the subpoena.\n(sec.44-ssec.2) The DFVP court may order the party on whose behalf the subpoena was issued to pay all or part of the losses and expenses, including legal costs, incurred by the person to whom the subpoena is addressed in responding properly to the subpoena.\n(sec.44-ssec.3) The DFVP court may fix the amount payable under subrule (2) or it may order the amount to be fixed by assessment.\n(sec.44-ssec.4) An order under this rule may be made at the hearing or at another time but in all cases before the order is made finally deciding the proceeding at first instance.\n(sec.44-ssec.5) If a party who is ordered to pay losses and expenses under subrule (2) obtains an order for the costs of the proceeding under the DFVP Act , section 157 , the DFVP court may make another order it considers appropriate.\n- (a) a subpoena for production is addressed to a person who is not a party to the proceeding; and\n- (b) a DFVP court is satisfied the person has or will incur substantial loss or expense in complying with the subpoena.","sortOrder":69},{"sectionNumber":"sec.45","sectionType":"section","heading":"Inspecting subpoenaed documents","content":"### sec.45 Inspecting subpoenaed documents\n\nThis rule applies to a document that has been subpoenaed in a proceeding and given to the clerk of a DFVP court.\nA person, including a party to a proceeding, may not inspect or copy the document unless an inspect and copy order allows the person to do so.\nThe person may apply to the DFVP court for an inspect and copy order for the document.\nThe DFVP court may make an inspect and copy order for the document only if—\nthe DFVP court has given all of the parties to the proceeding a reasonable opportunity to present evidence and to prepare and make submissions about the application, including objecting to the making of the order; and\nthe DFVP court has considered submissions made by a party; and\nthe DFVP court considers it is appropriate in the circumstances to make the order.\nThe DFVP court may hear and refuse the application, or dismiss the application without deciding it, even if the other parties to the proceeding have not been given notice of the application.\nIf the DFVP court makes an inspect and copy order for the document, the person named in the order may only—\ninspect the document in the registry; and\nif the DFVP Court orders that the person may copy the document—copy the document in the registry.\nIn this rule—\ninspect and copy order , for a document, means an order made by a DFVP court that authorises a person named in the order to inspect, or inspect and copy, the document.\n(sec.45-ssec.1) This rule applies to a document that has been subpoenaed in a proceeding and given to the clerk of a DFVP court.\n(sec.45-ssec.2) A person, including a party to a proceeding, may not inspect or copy the document unless an inspect and copy order allows the person to do so.\n(sec.45-ssec.3) The person may apply to the DFVP court for an inspect and copy order for the document.\n(sec.45-ssec.4) The DFVP court may make an inspect and copy order for the document only if— the DFVP court has given all of the parties to the proceeding a reasonable opportunity to present evidence and to prepare and make submissions about the application, including objecting to the making of the order; and the DFVP court has considered submissions made by a party; and the DFVP court considers it is appropriate in the circumstances to make the order.\n(sec.45-ssec.5) The DFVP court may hear and refuse the application, or dismiss the application without deciding it, even if the other parties to the proceeding have not been given notice of the application.\n(sec.45-ssec.6) If the DFVP court makes an inspect and copy order for the document, the person named in the order may only— inspect the document in the registry; and if the DFVP Court orders that the person may copy the document—copy the document in the registry.\n(sec.45-ssec.7) In this rule— inspect and copy order , for a document, means an order made by a DFVP court that authorises a person named in the order to inspect, or inspect and copy, the document.\n- (a) the DFVP court has given all of the parties to the proceeding a reasonable opportunity to present evidence and to prepare and make submissions about the application, including objecting to the making of the order; and\n- (b) the DFVP court has considered submissions made by a party; and\n- (c) the DFVP court considers it is appropriate in the circumstances to make the order.\n- (a) inspect the document in the registry; and\n- (b) if the DFVP Court orders that the person may copy the document—copy the document in the registry.","sortOrder":70},{"sectionNumber":"sec.46","sectionType":"section","heading":"Return of subpoenaed documents or things","content":"### sec.46 Return of subpoenaed documents or things\n\nThis rule applies to a document or thing if—\nthe document or thing is not tendered or admitted into evidence at the hearing of a proceeding for which it was produced; and\neither—\nthe matter was heard and the hearing of the proceeding for which it was produced has ended; or\nthe matter was not heard and the period for which the matter was listed for hearing has ended.\nThe clerk of the DFVP court must—\nreturn the document or thing to the person required to produce it; or\nif the document is a copy and the person stated to the clerk that the document may be destroyed—destroy the document.\n(sec.46-ssec.1) This rule applies to a document or thing if— the document or thing is not tendered or admitted into evidence at the hearing of a proceeding for which it was produced; and either— the matter was heard and the hearing of the proceeding for which it was produced has ended; or the matter was not heard and the period for which the matter was listed for hearing has ended.\n(sec.46-ssec.2) The clerk of the DFVP court must— return the document or thing to the person required to produce it; or if the document is a copy and the person stated to the clerk that the document may be destroyed—destroy the document.\n- (a) the document or thing is not tendered or admitted into evidence at the hearing of a proceeding for which it was produced; and\n- (b) either— (i) the matter was heard and the hearing of the proceeding for which it was produced has ended; or (ii) the matter was not heard and the period for which the matter was listed for hearing has ended.\n- (i) the matter was heard and the hearing of the proceeding for which it was produced has ended; or\n- (ii) the matter was not heard and the period for which the matter was listed for hearing has ended.\n- (i) the matter was heard and the hearing of the proceeding for which it was produced has ended; or\n- (ii) the matter was not heard and the period for which the matter was listed for hearing has ended.\n- (a) return the document or thing to the person required to produce it; or\n- (b) if the document is a copy and the person stated to the clerk that the document may be destroyed—destroy the document.","sortOrder":71},{"sectionNumber":"pt.5-div.5","sectionType":"division","heading":"Access to documents","content":"## Access to documents","sortOrder":72},{"sectionNumber":"sec.47","sectionType":"section","heading":"Accessing documents from registry","content":"### sec.47 Accessing documents from registry\n\nThis rule applies to a person who may—\nobtain a copy of a section 160 document under the DFVP Act , section 160 ; or\nuse a section 160 document for approved research under the DFVP Act , section 161 .\nHowever, this rule does not apply to an Australian court or tribunal.\nThe person may make a request to the clerk of the DFVP court to inspect and copy the section 160 document from the registry.\nA request must—\nbe in writing addressed to the clerk of the DFVP court; and\nstate the basis upon which the person is requesting a copy, or the use, of the section 160 document.\nIn this rule—\nAustralian court or tribunal means a court or tribunal of the Commonwealth or of a State.\nsection 160 document means a copy of—\nany part of the record of a proceeding; or\na document used or tendered in a proceeding.\nr 47 amd 2024 SL No. 175 s 5\n(sec.47-ssec.1) This rule applies to a person who may— obtain a copy of a section 160 document under the DFVP Act , section 160 ; or use a section 160 document for approved research under the DFVP Act , section 161 .\n(sec.47-ssec.2) However, this rule does not apply to an Australian court or tribunal.\n(sec.47-ssec.3) The person may make a request to the clerk of the DFVP court to inspect and copy the section 160 document from the registry.\n(sec.47-ssec.4) A request must— be in writing addressed to the clerk of the DFVP court; and state the basis upon which the person is requesting a copy, or the use, of the section 160 document.\n(sec.47-ssec.5) In this rule— Australian court or tribunal means a court or tribunal of the Commonwealth or of a State. section 160 document means a copy of— any part of the record of a proceeding; or a document used or tendered in a proceeding.\n- (a) obtain a copy of a section 160 document under the DFVP Act , section 160 ; or\n- (b) use a section 160 document for approved research under the DFVP Act , section 161 .\n- (a) be in writing addressed to the clerk of the DFVP court; and\n- (b) state the basis upon which the person is requesting a copy, or the use, of the section 160 document.\n- (a) any part of the record of a proceeding; or\n- (b) a document used or tendered in a proceeding.","sortOrder":73},{"sectionNumber":"pt.5-div.6","sectionType":"division","heading":"Return of exhibits","content":"## Return of exhibits","sortOrder":74},{"sectionNumber":"sec.48","sectionType":"section","heading":"Return of exhibits","content":"### sec.48 Return of exhibits\n\nThis rule applies to an exhibit held by a DFVP court in a finalised proceeding.\nThe clerk of the DFVP court may give written notice to a party, the lawyer for a party or any other person who appears to the clerk to be the owner or person entitled to possession of the exhibit, to collect the exhibit from the registry within 28 days.\nIf the exhibit is not collected from the registry within 3 months after the notice is given, the clerk of the DFVP court may destroy or otherwise dispose of the exhibit in the way the clerk considers appropriate.\nThe clerk of the DFVP court may apply to the DFVP court at any time for an order about the return, destruction or other disposal of an exhibit.\nIf the clerk of the DFVP court returns, destroys or otherwise disposes of an exhibit under this rule, the clerk must ensure a note is placed on the court file specifying the exhibit and details of the person to whom it was returned or the way in which it was destroyed or otherwise disposed of.\nIn this rule—\nexhibit includes an unfiled document held by the DFVP court.\nfinalised proceeding means a proceeding—\nin which a DFVP court has dismissed a DFVP application without deciding it; or\nin which a DFVP application has been withdrawn; or\nin which a protection order has been made if—\n3 months have passed since the order was made and no notice of appeal has been filed starting an appeal in relation to the proceeding; or\nan appeal in relation to the proceeding has been decided and—\n3 months have passed since the decision and no application for special leave to appeal to the High Court from the decision has been filed; or\nan application for special leave to appeal to the High Court from the decision has been decided other than by the grant of special leave and 3 months have passed since the High Court’s decision; or\n1 month has passed since an appeal to the High Court in relation to the proceeding has been decided, other than by granting a new trial or remitting the proceeding to another court for the making of a protection order.\n(sec.48-ssec.1) This rule applies to an exhibit held by a DFVP court in a finalised proceeding.\n(sec.48-ssec.2) The clerk of the DFVP court may give written notice to a party, the lawyer for a party or any other person who appears to the clerk to be the owner or person entitled to possession of the exhibit, to collect the exhibit from the registry within 28 days.\n(sec.48-ssec.3) If the exhibit is not collected from the registry within 3 months after the notice is given, the clerk of the DFVP court may destroy or otherwise dispose of the exhibit in the way the clerk considers appropriate.\n(sec.48-ssec.4) The clerk of the DFVP court may apply to the DFVP court at any time for an order about the return, destruction or other disposal of an exhibit.\n(sec.48-ssec.5) If the clerk of the DFVP court returns, destroys or otherwise disposes of an exhibit under this rule, the clerk must ensure a note is placed on the court file specifying the exhibit and details of the person to whom it was returned or the way in which it was destroyed or otherwise disposed of.\n(sec.48-ssec.6) In this rule— exhibit includes an unfiled document held by the DFVP court. finalised proceeding means a proceeding— in which a DFVP court has dismissed a DFVP application without deciding it; or in which a DFVP application has been withdrawn; or in which a protection order has been made if— 3 months have passed since the order was made and no notice of appeal has been filed starting an appeal in relation to the proceeding; or an appeal in relation to the proceeding has been decided and— 3 months have passed since the decision and no application for special leave to appeal to the High Court from the decision has been filed; or an application for special leave to appeal to the High Court from the decision has been decided other than by the grant of special leave and 3 months have passed since the High Court’s decision; or 1 month has passed since an appeal to the High Court in relation to the proceeding has been decided, other than by granting a new trial or remitting the proceeding to another court for the making of a protection order.\n- (a) in which a DFVP court has dismissed a DFVP application without deciding it; or\n- (b) in which a DFVP application has been withdrawn; or\n- (c) in which a protection order has been made if— (i) 3 months have passed since the order was made and no notice of appeal has been filed starting an appeal in relation to the proceeding; or (ii) an appeal in relation to the proceeding has been decided and— (A) 3 months have passed since the decision and no application for special leave to appeal to the High Court from the decision has been filed; or (B) an application for special leave to appeal to the High Court from the decision has been decided other than by the grant of special leave and 3 months have passed since the High Court’s decision; or (C) 1 month has passed since an appeal to the High Court in relation to the proceeding has been decided, other than by granting a new trial or remitting the proceeding to another court for the making of a protection order.\n- (i) 3 months have passed since the order was made and no notice of appeal has been filed starting an appeal in relation to the proceeding; or\n- (ii) an appeal in relation to the proceeding has been decided and— (A) 3 months have passed since the decision and no application for special leave to appeal to the High Court from the decision has been filed; or (B) an application for special leave to appeal to the High Court from the decision has been decided other than by the grant of special leave and 3 months have passed since the High Court’s decision; or (C) 1 month has passed since an appeal to the High Court in relation to the proceeding has been decided, other than by granting a new trial or remitting the proceeding to another court for the making of a protection order.\n- (A) 3 months have passed since the decision and no application for special leave to appeal to the High Court from the decision has been filed; or\n- (B) an application for special leave to appeal to the High Court from the decision has been decided other than by the grant of special leave and 3 months have passed since the High Court’s decision; or\n- (C) 1 month has passed since an appeal to the High Court in relation to the proceeding has been decided, other than by granting a new trial or remitting the proceeding to another court for the making of a protection order.\n- (i) 3 months have passed since the order was made and no notice of appeal has been filed starting an appeal in relation to the proceeding; or\n- (ii) an appeal in relation to the proceeding has been decided and— (A) 3 months have passed since the decision and no application for special leave to appeal to the High Court from the decision has been filed; or (B) an application for special leave to appeal to the High Court from the decision has been decided other than by the grant of special leave and 3 months have passed since the High Court’s decision; or (C) 1 month has passed since an appeal to the High Court in relation to the proceeding has been decided, other than by granting a new trial or remitting the proceeding to another court for the making of a protection order.\n- (A) 3 months have passed since the decision and no application for special leave to appeal to the High Court from the decision has been filed; or\n- (B) an application for special leave to appeal to the High Court from the decision has been decided other than by the grant of special leave and 3 months have passed since the High Court’s decision; or\n- (C) 1 month has passed since an appeal to the High Court in relation to the proceeding has been decided, other than by granting a new trial or remitting the proceeding to another court for the making of a protection order.\n- (A) 3 months have passed since the decision and no application for special leave to appeal to the High Court from the decision has been filed; or\n- (B) an application for special leave to appeal to the High Court from the decision has been decided other than by the grant of special leave and 3 months have passed since the High Court’s decision; or\n- (C) 1 month has passed since an appeal to the High Court in relation to the proceeding has been decided, other than by granting a new trial or remitting the proceeding to another court for the making of a protection order.","sortOrder":75},{"sectionNumber":"pt.6","sectionType":"part","heading":"Ending proceedings early","content":"# Ending proceedings early","sortOrder":76},{"sectionNumber":"sec.49","sectionType":"section","heading":"What pt 6 is about","content":"### sec.49 What pt 6 is about\n\nPart 6 explains how a party may end a proceeding early.","sortOrder":77},{"sectionNumber":"sec.50","sectionType":"section","heading":"Withdrawal of DFVP application","content":"### sec.50 Withdrawal of DFVP application\n\nThe applicant for a domestic violence order or the variation of a domestic violence order may withdraw the applicant’s DFVP application before a DFVP court decides the application in 1 of the following ways—\norally during a proceeding in a DFVP court;\nin writing to the clerk of the DFVP court (an application to withdraw ).\nAn application to withdraw must state the following—\nthe name of the applicant;\nthe role of the person in the proceeding that is to be withdrawn, including whether the person is, represents or is acting on behalf of, a party to the proceeding;\nthe proceeding in which the application is to be withdrawn, including the name of the parties and the file number;\nthe date of the next court appearance for the proceeding, if the person knows the date.\nIf the clerk of the DFVP court receives an application to withdraw, the clerk must send a copy to the officer in charge of the nearest police station for service on each person who—\nis a party in the proceeding, other than the applicant; and\nhas been served with a copy of the DFVP application.\nA police officer must personally serve a copy of the application to withdraw on each person mentioned in subrule (3) .\nA DFVP court may decide an application to withdraw without the parties appearing, unless a DFVP court orders otherwise.\nr 50 amd 2017 SL No. 192 s 6\n(sec.50-ssec.1) The applicant for a domestic violence order or the variation of a domestic violence order may withdraw the applicant’s DFVP application before a DFVP court decides the application in 1 of the following ways— orally during a proceeding in a DFVP court; in writing to the clerk of the DFVP court (an application to withdraw ).\n(sec.50-ssec.2) An application to withdraw must state the following— the name of the applicant; the role of the person in the proceeding that is to be withdrawn, including whether the person is, represents or is acting on behalf of, a party to the proceeding; the proceeding in which the application is to be withdrawn, including the name of the parties and the file number; the date of the next court appearance for the proceeding, if the person knows the date.\n(sec.50-ssec.3) If the clerk of the DFVP court receives an application to withdraw, the clerk must send a copy to the officer in charge of the nearest police station for service on each person who— is a party in the proceeding, other than the applicant; and has been served with a copy of the DFVP application.\n(sec.50-ssec.4) A police officer must personally serve a copy of the application to withdraw on each person mentioned in subrule (3) .\n(sec.50-ssec.5) A DFVP court may decide an application to withdraw without the parties appearing, unless a DFVP court orders otherwise.\n- (a) orally during a proceeding in a DFVP court;\n- (b) in writing to the clerk of the DFVP court (an application to withdraw ).\n- (a) the name of the applicant;\n- (b) the role of the person in the proceeding that is to be withdrawn, including whether the person is, represents or is acting on behalf of, a party to the proceeding;\n- (c) the proceeding in which the application is to be withdrawn, including the name of the parties and the file number;\n- (d) the date of the next court appearance for the proceeding, if the person knows the date.\n- (a) is a party in the proceeding, other than the applicant; and\n- (b) has been served with a copy of the DFVP application.","sortOrder":78},{"sectionNumber":"sec.50A","sectionType":"section","heading":"Notice DFVP application has been withdrawn","content":"### sec.50A Notice DFVP application has been withdrawn\n\nThis rule applies if a DFVP application is withdrawn under rule 50 during a proceeding in a DFVP court—\neither—\norally by the applicant; or\nbecause a DFVP court grants an application to withdraw; and\nin the absence of—\nfor an application withdrawn under paragraph (a) (ii) —the applicant; or\nthe aggrieved; or\nanother party to the proceeding who has been served with a copy of the DFVP application.\nThe clerk of the DFVP court must give written notice that the DFVP application has been withdrawn to the officer in charge of the nearest police station for service on the party mentioned in subrule (1) (b) .\nA police officer must tell the party that the DFVP application has been withdrawn.\nFor subrule (3) , a police officer may tell a party that the DFVP application has been withdrawn in any way, including, for example, by written notice, telephone, email, SMS message, a social networking site of other electronic means.\nr 50A ins 2017 SL No. 192 s 7\n(sec.50A-ssec.1) This rule applies if a DFVP application is withdrawn under rule 50 during a proceeding in a DFVP court— either— orally by the applicant; or because a DFVP court grants an application to withdraw; and in the absence of— for an application withdrawn under paragraph (a) (ii) —the applicant; or the aggrieved; or another party to the proceeding who has been served with a copy of the DFVP application.\n(sec.50A-ssec.2) The clerk of the DFVP court must give written notice that the DFVP application has been withdrawn to the officer in charge of the nearest police station for service on the party mentioned in subrule (1) (b) .\n(sec.50A-ssec.3) A police officer must tell the party that the DFVP application has been withdrawn.\n(sec.50A-ssec.4) For subrule (3) , a police officer may tell a party that the DFVP application has been withdrawn in any way, including, for example, by written notice, telephone, email, SMS message, a social networking site of other electronic means.\n- (a) either— (i) orally by the applicant; or (ii) because a DFVP court grants an application to withdraw; and\n- (i) orally by the applicant; or\n- (ii) because a DFVP court grants an application to withdraw; and\n- (b) in the absence of— (i) for an application withdrawn under paragraph (a) (ii) —the applicant; or (ii) the aggrieved; or (iii) another party to the proceeding who has been served with a copy of the DFVP application.\n- (i) for an application withdrawn under paragraph (a) (ii) —the applicant; or\n- (ii) the aggrieved; or\n- (iii) another party to the proceeding who has been served with a copy of the DFVP application.\n- (i) orally by the applicant; or\n- (ii) because a DFVP court grants an application to withdraw; and\n- (i) for an application withdrawn under paragraph (a) (ii) —the applicant; or\n- (ii) the aggrieved; or\n- (iii) another party to the proceeding who has been served with a copy of the DFVP application.","sortOrder":79},{"sectionNumber":"pt.7","sectionType":"part","heading":"Costs","content":"# Costs","sortOrder":80},{"sectionNumber":"sec.51","sectionType":"section","heading":"What pt 7 is about","content":"### sec.51 What pt 7 is about\n\nPart 7 explains how costs are to be assessed if a DFVP court awards costs against a party under the DFVP Act , section 157 (2) .","sortOrder":81},{"sectionNumber":"sec.52","sectionType":"section","heading":"Assessing costs in a proceeding","content":"### sec.52 Assessing costs in a proceeding\n\nA DFVP court may fix the amount of the costs of the proceeding and order payment of the amount.\nHowever, the DFVP court may order that the costs of the proceeding be assessed by a costs assessor if the court considers it appropriate because of the nature and complexity of the proceeding.\nFor assessing the costs under this rule, a lawyer is entitled to charge and be allowed the costs in accordance with the scale of costs set out in schedule 1 .\nThe scale of costs set out in schedule 1 , part 2 is based on the scale of costs for Magistrates Courts that apply under the Uniform Civil Procedure Rules 1999 , schedule 2 , part 3 .\nIn this rule—\ncosts assessor means a costs assessor appointed under the Uniform Civil Procedure Rules 1999 , rule 743L .\nr 52 amd 2017 SL No. 192 s 8 ; 2018 SL No. 127 s 36\n(sec.52-ssec.1) A DFVP court may fix the amount of the costs of the proceeding and order payment of the amount.\n(sec.52-ssec.2) However, the DFVP court may order that the costs of the proceeding be assessed by a costs assessor if the court considers it appropriate because of the nature and complexity of the proceeding.\n(sec.52-ssec.3) For assessing the costs under this rule, a lawyer is entitled to charge and be allowed the costs in accordance with the scale of costs set out in schedule 1 . The scale of costs set out in schedule 1 , part 2 is based on the scale of costs for Magistrates Courts that apply under the Uniform Civil Procedure Rules 1999 , schedule 2 , part 3 .\n(sec.52-ssec.4) In this rule— costs assessor means a costs assessor appointed under the Uniform Civil Procedure Rules 1999 , rule 743L .","sortOrder":82},{"sectionNumber":"sch.1-pt.1","sectionType":"part","heading":"General","content":"# General","sortOrder":83},{"sectionNumber":"sch.1-sec.1","sectionType":"section","heading":"Costs allowed for counsel and solicitor or clerk","content":"### sch.1-sec.1 Costs allowed for counsel and solicitor or clerk\n\nThe costs of or incidental to the attendance of both counsel and a solicitor during the hearing of a proceeding are not to be allowed unless a court certifies that the attendance of both counsel and solicitor was necessary.\nThe costs of or incidental to the attendance of the clerk with counsel or a solicitor acting as advocate during the hearing of a proceeding are to be allowed unless a court certifies the attendance of the clerk was not reasonably required.\nA court may direct that costs to be allowed for counsel or a solicitor acting as advocate are to be less than the costs set out in part 2 .\nsch 1 s 1 amd 2017 SL No. 192 s 9\n(sch.1-sec.1-ssec.1) The costs of or incidental to the attendance of both counsel and a solicitor during the hearing of a proceeding are not to be allowed unless a court certifies that the attendance of both counsel and solicitor was necessary.\n(sch.1-sec.1-ssec.2) The costs of or incidental to the attendance of the clerk with counsel or a solicitor acting as advocate during the hearing of a proceeding are to be allowed unless a court certifies the attendance of the clerk was not reasonably required.\n(sch.1-sec.1-ssec.3) A court may direct that costs to be allowed for counsel or a solicitor acting as advocate are to be less than the costs set out in part 2 .","sortOrder":84},{"sectionNumber":"sch.1-sec.2","sectionType":"section","heading":"Costs of unnecessary step","content":"### sch.1-sec.2 Costs of unnecessary step\n\nA court may disallow the costs of a step taken by a party in a proceeding if the court considers the step was unnecessary for the proper conduct of the proceeding.","sortOrder":85},{"sectionNumber":"sch.1-pt.2","sectionType":"part","heading":"Costs","content":"# Costs","sortOrder":86}],"analysis":{"issue_detection":{"absurdities":[{"type":"self_contradicting","section":"sec.9B(2)(b) and sec.9B(3)","severity":"medium","reasoning":"A mandatory obligation ('must be published') that carries no consequence for non-compliance is logically indistinguishable from a discretionary one. Parties relying on the Queensland Courts website to discover what electronic filing formats are approved may never find them, yet the approvals are fully valid anyway. The provision simultaneously mandates and negates the mandate.","confidence":0.92,"description":"The principal registrar 'must' publish an approval on the Queensland Courts website, yet failure to comply with this mandatory obligation does not affect the validity of the approval. This renders the mandatory publication requirement entirely toothless and effectively optional, making the word 'must' meaningless."},{"type":"impossible_compliance","section":"sec.5(3)","severity":"low","reasoning":"An undertaking without any enforcement mechanism or consequence for breach is not legally meaningful. Combined with the broad non-compliance waiver in sec.6, a party who proceeds slowly suffers no identifiable consequence. The undertaking is aspirational rather than operative.","confidence":0.72,"description":"Every party to a proceeding 'undertakes to the DFVP court and to the other parties to proceed in an expeditious way.' However, sec.6 provides that any failure to comply with a rule is merely an irregularity and the court may waive compliance. There is no mechanism to enforce the undertaking or any sanction for breaching it, rendering the undertaking a legal fiction."},{"type":"other","section":"sec.14A(1)(c)","severity":"low","reasoning":"The cascading witness hierarchy in sec.14A(1) is internally consistent but the practical gap between paragraphs (b) and (c) is very narrow and may not achieve meaningful oversight. This is a design concern rather than a strict logical flaw, hence low severity and moderate confidence.","confidence":0.55,"description":"A police officer making a statement of police service may affirm it before 'a police officer who is more senior in rank to the officer making the statement' only if officers mentioned in paragraphs (a) and (b) are not practicably available. However, paragraph (b) already covers 'a police officer of or above the rank of sergeant.' Paragraph (c) therefore only adds value for officers below sergeant rank, but in practice the fallback to any more-senior officer creates a scenario where a constable could affirm before a leading senior constable — a very minor seniority difference — raising questions about whether the witnessing hierarchy achieves its integrity purpose."},{"type":"retroactive_impossibility","section":"sec.16(3)","severity":"low","reasoning":"While judicial discretion normally prevents absurd outcomes, the provision contains no limiting words (e.g., 'not earlier than the day it came into the person's possession'). On its face the text permits ordering service on any day whatsoever, including logically impossible ones. In practice courts would not do this, but the drafting creates the theoretical possibility.","confidence":0.6,"description":"The court may order that a document was served on 'another day stated in the order' — which could in principle be a day before the document even existed or before the proceeding commenced, creating a retroactive legal fiction of service on an impossible date."},{"type":"self_contradicting","section":"sec.14AA(5)","severity":"medium","reasoning":"sec.14AA(4)(b) requires the affidavit to be 'made by a police officer who has attempted to serve the document', implying personal knowledge. The collective deeming in sec.14AA(5) means other officers' attempts may go unrecorded yet those officers are treated as having complied. This undermines the evidentiary integrity the rule is designed to achieve.","confidence":0.78,"description":"Where multiple police officers have each attempted personal service, all officers are collectively deemed to have complied with the obligation to file an affidavit of attempted personal service if any one of them files it. However, the affidavit filed by one officer can only speak to that officer's personal attempts, not those of the others. The deeming provision therefore certifies compliance with a filing obligation by people who have not filed anything and whose individual attempts may not be documented at all."},{"type":"circular_definition","section":"sec.6(3)","severity":"low","reasoning":"There is a logical tension: rules enacted to advance the Act's objects can be waived when following them would contradict those same objects. This implies the rules may in some cases work against their own stated purpose, which raises a circularity about the rules' legitimacy in those circumstances.","confidence":0.65,"description":"The court may waive compliance with any rule if compliance would be inconsistent with the main objects of the DFVP Act or the principles for administering it. Since the rules are themselves designed to be consistent with those objects (sec.5(1)(a)), a rule that is genuinely inconsistent with the Act's objects arguably should not exist. The waiver power is thus either superfluous (if all rules are consistent with the Act) or signals that some rules may contradict the Act's objects — which would be a drafting defect in those rules."}],"contradictions":[{"severity":"medium","section_a":"sec.9B(2)(b)","section_b":"sec.9B(3)","confidence":0.93,"description":"Section 9B(2)(b) imposes a mandatory obligation ('must be published') on the principal registrar to publish approvals on the Queensland Courts website. Section 9B(3) then expressly provides that failure to comply with that mandatory obligation does not affect the validity of the approval. These provisions directly contradict each other: one demands compliance, the other removes any legal consequence for non-compliance, effectively nullifying the mandate."},{"severity":"low","section_a":"sec.5(1)(a)(ii)","section_b":"sec.5(2)","confidence":0.7,"description":"Section 5(1)(a)(ii) states that one of the main objects of the rules is to resolve proceedings 'with a minimum of expense.' Section 5(2) states the rules are to be applied with the objective of 'avoiding undue delay, expense and technicality.' The use of 'minimum of expense' in sec.5(1) sets a higher standard (minimise expense) than 'avoiding undue' expense in sec.5(2) (which merely requires expense not be unreasonable). These two provisions establish different and potentially inconsistent expense thresholds for the same rules."},{"severity":"low","section_a":"sec.9(1)(c)(i)","section_b":"sec.9A(1)","confidence":0.67,"description":"Section 9(1)(c)(iii) provides that a party other than a police officer or corrective services filer may file electronically 'under rule 9A.' Section 9A(1) allows such a party to file electronically only 'if the principal registrar approves' the electronic filing and the file format. Section 9(1)(c)(iii) presents electronic filing as a straightforward option, without flagging the conditional approval requirement, potentially misleading parties into believing they have an unrestricted right to file electronically when they do not."},{"severity":"low","section_a":"sec.14(2)(b)","section_b":"sec.14(3)","confidence":0.55,"description":"Section 14(2)(b) provides that rule 14 does not apply if 'the police officer files an affidavit of personal service or a statement of substituted police service in relation to the document.' However, sec.14(3) then obliges the police officer to file a statement of police service 'unless a DFVP court orders otherwise.' If a police officer files an affidavit of personal service instead, sec.14(2)(b) removes the obligation in sec.14(3) entirely, meaning there is no default obligation to file a statement of police service where an affidavit of personal service is filed. This is consistent, but the cross-referencing structure creates ambiguity about whether a police officer who chooses to file an affidavit of personal service (rather than a statement of police service) is self-exempting from the rule's requirements by their own act, which may not have been the legislative intent."},{"severity":"low","section_a":"sec.24","section_b":"sec.6(1)","confidence":0.52,"description":"Section 6(1) provides that failure to comply with a rule is an irregularity and does not render anything a nullity. Section 24 provides that a court order or direction prevails over inconsistent rules. Together these create a tension: if a court direction is inconsistent with a rule, and a party fails to comply with the rule (relying on the court direction), it is unclear whether sec.6(1) applies to treat the non-compliance as a mere irregularity, or whether sec.24 means the rule is simply displaced. The interaction between these provisions is not clearly resolved."}]},"summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The rules have expanded in scope significantly since their 2015 commencement. Originally focused on basic court procedure, they now include provisions for electronic filing by non-police parties (2021), substituted service orders and affidavits of attempted service (2023), obligations to provide respondents with their criminal and domestic violence history (2023–2024), and a wholly new regime for corrective services officers serving documents on people in prison (2025). These additions reflect a broadening of the rules beyond pure court procedure into areas of police and corrective services obligations."},"complexity_factors":["Multiple interlocking pieces of legislation referenced throughout (DFVP Act, Corrective Services Act 2006, Justices Act 1886, Guardianship and Administration Act 2000, various court acts, Commonwealth acts, international conventions)","Different rules apply depending on which court is hearing the matter (Magistrates Court, Childrens Court, District Court, Supreme Court) and how each is constituted","Layered service rules with multiple categories (personal, ordinary, informal, substituted, corrective services) each with distinct requirements and proof obligations","Differentiated treatment of police officers versus other parties throughout the document, creating parallel procedural tracks","Multiple amendments over time (2015, 2017, 2021, 2023, 2024, 2025) creating a patchwork of inserted and amended provisions","Complex provisions around persons with impaired capacity and litigation guardians, interacting with separate guardianship legislation","Cross-border and international service provisions referencing Commonwealth and international treaty frameworks","Detailed formal requirements for sworn statements (affidavits, statements of police service, corrective services statements) with specific content requirements","Content truncated — full document likely contains additional complexity in evidence, subpoena, and other procedural parts"],"plain_english_summary":"These rules set out how domestic and family violence protection cases are run in Queensland courts — the practical procedures for filing, serving, and hearing protection order matters. They affect aggrieved persons, respondents, police, court staff, lawyers, named persons and corrective services officers.  \n\nThey matter because they create a consistent, timely and fair process (including flexibility to correct procedural errors or waive rules) so victims can seek protection efficiently while ensuring respondents receive proper notice and a fair hearing."},"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"},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The text shows successive amendments that broaden the rules' procedural reach. Notable additions include an electronic‑filing regime and registrar approvals (rr 9A–9B; ins. 2021), new police affidavit and substituted‑service reporting requirements including attempted service affidavits (rr 14, 14A, 14AA, 14AB; ins. 2017–2023), corrective‑services statements and witnessing (rr 14B–14C; ins. 2025), expanded obligations to provide a respondent with criminal/domestic‑violence history (r 19B; ins. 2023–2024), and additional service/location rules (r 8; amds). These insertions expand operational duties for police, corrective services and registries and extend court direction powers."},"complexity_factors":["Extensive cross‑references to the DFVP Act and other statutes, requiring readers to consult multiple instruments (see secs 3–5, and throughout).","Multiple filing and service routes (personal, postal, electronic, substituted, informal) with distinct proof and timing rules (rr 9–9A, 12–17, 14AA–14AB).","Specific, formalised obligations on police and corrective services to prepare, affirm and file detailed statements or affidavits (rr 14–14C, 14B–14C).","Wide judicial discretion to waive rules, issue directions, and override inconsistencies between orders and the rules (secs 6, 22, 24–26).","Detailed evidentiary procedures and timelines for affidavits, media exhibits and subpoenas, including sealed evidence and exhibit handling (rr 34, 35–37, 38–46, 48).","Cost assessment regime tied to a prescribed scale and possible assessment by a costs assessor, introducing procedural complexity (sec 52; sch 1).","Operational compliance burdens and recordkeeping (service proofs, exhibits, return/destruction) spread across court staff, police and corrective services (rr 13–14B, 46–48).","International and interstate service rules adding procedural choice points and cost considerations for parties (r 17).","Approval and publication requirements for electronic filing regime creating administrative steps for the principal registrar (rr 9A–9B)."],"plain_english_summary":"These Rules set procedure for domestic and family violence protection proceedings and registries: how applications and documents are filed (including by police or, with approval, electronically), how service is effected (personal, ordinary, substituted or informal), evidentiary steps (affidavits, media exhibits, subpoenas), and costs. They impose duties on parties, police and corrective services to file service statements and criminal‑history material, and give DFVP courts and the principal registrar wide procedural discretion to issue directions, approve electronic filing and waive compliance. (See rr 9–9A, 12–16, 14–14C, 22, 52.)"},"kimi_summary":{"_metrics":{"provider":"moonshot","completionTokens":1995},"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"The legislation remains focused on its original purpose: establishing practice and procedure for domestic violence protection proceedings. While amendments have added modern procedures (electronic filing 2021, video links, substituted service updates 2023), these represent technical updates and safety improvements rather than scope expansion into unrelated areas. The rules still exclusively govern DFVP court proceedings and registries."},"complexity_factors":["Extensive cross-referencing to primary legislation (DFVP Act, Uniform Civil Procedure Rules 1999, Oaths Act 1867, Corrective Services Act 2006)","Nested conditional logic in service rules (e.g., Rule 9 has multiple tiers of 'if/then' for electronic filing depending on whether filer is police, corrective services, or general party)","Multiple defined terms imported by reference from the DFVP Act plus local definitions in Schedule 2","Technical procedural requirements with specific formatting (e.g., affidavits must have consecutively numbered paragraphs, specific truth statements, and exhibit attachments)","Layered amendments creating complex exception structures (e.g., Rule 14 on police service has multiple exceptions for corrective services, substituted service, and affidavits)","Multi-jurisdictional service rules requiring compliance with Commonwealth legislation (Service and Execution of Process Act 1992, Trans-Tasman Proceedings Act 2010) and international conventions","Detailed requirements for litigation guardians and capacity assessments intersecting with guardianship legislation","Specific timeframes and administrative steps for subpoenas and document inspection orders"],"plain_english_summary":"## What This Legislation Does\n\nThese are the **court rules** that govern how domestic violence cases are handled in Queensland's Domestic and Family Violence Protection (DFVP) courts. Think of them as the 'instruction manual' for the legal process that sits underneath the main Domestic and Family Violence Protection Act.\n\n### Who It Affects\n- **Victims (aggrieved)** seeking protection orders\n- **Respondents** (the person accused of violence) defending applications\n- **Police** who often file applications and serve documents\n- **Lawyers and courts** handling the cases\n- **Named persons** (like children or relatives) mentioned in orders\n\n### Main Areas Covered\n\n**1. Getting Documents Into Court (Filing)**\n- Explains how to lodge applications and court documents: in person, by post, or electronically\n- Allows police and corrective services officers to file documents electronically\n- Lets parties file in any court district, not just their local area (to improve safety/access)\n\n**2. Giving Notice to the Other Side (Service)**\n- **Personal service**: Usually done by police for important documents like protection orders or applications. The server must explain what the document is.\n- **Ordinary service**: For less formal documents—can be done by email, fax, or post to a lawyer or the person's address\n- **Substituted service**: If you can't find someone to serve personally, the court can order alternative methods (like serving a relative or using social media)\n- **Informal service**: If someone receives a document even if not served properly, the court can count it as valid service\n- Special rules for serving people in prison or outside Queensland\n\n**3. Running the Case (Conduct of Proceedings)**\n- Courts can issue **directions** (instructions) about evidence, timing, and how cross-examination happens\n- **Litigation guardians**: If a party has 'impaired capacity' (a disability affecting their ability to understand proceedings), a suitable adult can be appointed to make decisions for them in the case\n- Remote participation: Parties can appear by telephone or video link\n\n**4. Evidence and Documents**\n- **Affidavits** (sworn written statements): Must be in a specific format, signed before an authorised witness\n- **Subpoenas** (orders to produce documents or attend court): Detailed rules on requesting them, complying with them, and getting reimbursed for costs\n- **Media exhibits**: Rules for tendering video/audio evidence (must be filed 7 days before hearing)\n- Access to court documents for research or appeals\n\n**5. Ending Cases Early**\n- Applicants can withdraw their application orally in court or in writing\n- Police must notify all parties if an application is withdrawn\n\n**6. Costs**\n- If a court orders one party to pay the other's legal costs, these rules set out how those costs are calculated (usually based on a set scale rather than actual lawyer bills)\n\n### Why It Matters\nThese rules balance the need for **speed and low cost** (domestic violence matters are meant to be resolved quickly to protect victims) with **fairness** (ensuring respondents know about the case and can defend themselves). They include special protections for children, people with disabilities, and vulnerable witnesses.\n\n### Key Principle\nThe rules are meant to be flexible—if following a technical rule would cause delay or expense inconsistent with protecting victims, the court can **waive** (excuse) compliance with that rule."}},"importantCases":[],"_links":{"self":"/api/acts/domestic-and-family-violence-protection-rules-2014","history":"/api/acts/domestic-and-family-violence-protection-rules-2014/history","analysis":"/api/acts/domestic-and-family-violence-protection-rules-2014/analysis","conflicts":"/api/acts/domestic-and-family-violence-protection-rules-2014/conflicts","importantCases":"/api/acts/domestic-and-family-violence-protection-rules-2014/important-cases","documents":"/api/acts/domestic-and-family-violence-protection-rules-2014/documents"}}