sec.41CHearing of applications—cross applications before same court

### sec.41C Hearing of applications—cross applications before same court This section applies if— either— the original application and cross application are before the same court; or the variation application and cross application are before the same court; and the court is aware of both applications. The court must— hear the applications together; and in hearing the applications, consider— the principle mentioned in section 4 (2) (e) ; and whether it is necessary to make arrangements for the safety, protection or wellbeing of the person most in need of protection in the relevant relationship that exists between the persons who are the aggrieveds and respondents to the applications. See, for example, sections 150 and 151 for the power of the court to make orders in relation to a person giving evidence or being cross-examined as a protected witness. If the court decides to adjourn the hearing of either application or both applications, the court must consider whether to make a temporary protection order under division 2 in relation to each adjourned hearing. s 41C ins 2015 No. 34 s 5 amd 2023 No. 1 s 37 (sec.41C-ssec.1) This section applies if— either— the original application and cross application are before the same court; or the variation application and cross application are before the same court; and the court is aware of both applications. (sec.41C-ssec.2) The court must— hear the applications together; and in hearing the applications, consider— the principle mentioned in section 4 (2) (e) ; and whether it is necessary to make arrangements for the safety, protection or wellbeing of the person most in need of protection in the relevant relationship that exists between the persons who are the aggrieveds and respondents to the applications. See, for example, sections 150 and 151 for the power of the court to make orders in relation to a person giving evidence or being cross-examined as a protected witness. (sec.41C-ssec.3) If the court decides to adjourn the hearing of either application or both applications, the court must consider whether to make a temporary protection order under division 2 in relation to each adjourned hearing. - (a) either— (i) the original application and cross application are before the same court; or (ii) the variation application and cross application are before the same court; and - (i) the original application and cross application are before the same court; or - (ii) the variation application and cross application are before the same court; and - (b) the court is aware of both applications. - (i) the original application and cross application are before the same court; or - (ii) the variation application and cross application are before the same court; and - (a) hear the applications together; and - (b) in hearing the applications, consider— (i) the principle mentioned in section 4 (2) (e) ; and (ii) whether it is necessary to make arrangements for the safety, protection or wellbeing of the person most in need of protection in the relevant relationship that exists between the persons who are the aggrieveds and respondents to the applications. Note— See, for example, sections 150 and 151 for the power of the court to make orders in relation to a person giving evidence or being cross-examined as a protected witness. - (i) the principle mentioned in section 4 (2) (e) ; and - (ii) whether it is necessary to make arrangements for the safety, protection or wellbeing of the person most in need of protection in the relevant relationship that exists between the persons who are the aggrieveds and respondents to the applications. Note— See, for example, sections 150 and 151 for the power of the court to make orders in relation to a person giving evidence or being cross-examined as a protected witness. - (i) the principle mentioned in section 4 (2) (e) ; and - (ii) whether it is necessary to make arrangements for the safety, protection or wellbeing of the person most in need of protection in the relevant relationship that exists between the persons who are the aggrieveds and respondents to the applications. Note— See, for example, sections 150 and 151 for the power of the court to make orders in relation to a person giving evidence or being cross-examined as a protected witness.