Domestic and Family Violence Act 2007
78Deciding application
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78 Deciding application (1) In deciding whether to make an order under this Division to vary or revoke a court DVO, the Court must consider the same matters required to be considered in deciding: (a) whether to make a DVO; and (2) The Court may decide the application even if: (a) the respondent was not given an opportunity to answer any allegation in it; and (b) another person, other than a protected person who is an adult or a young person, has a direct interest in the outcome and did not have an opportunity to be heard on the matter. (3) Despite subsection (1), the Court may make an order varying or revoking the court DVO without complying with that subsection if the Court is satisfied that exceptional circumstances justify making the order.