sec.41DHearing of applications—cross applications before different courts

### sec.41D Hearing of applications—cross applications before different courts This section applies if— either— the original application and the cross application are before different courts; or the variation application and the cross application are before different courts; and a court hearing either application is aware of both applications. The court must consider whether to, and may— hear the applications together; or order that the application before the court be dealt with by the other court. If the court hears the applications, the court must 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 the application before it, the court must consider whether to make a temporary protection order under division 2 in relation to the adjourned hearing. s 41D ins 2015 No. 34 s 5 amd 2023 No. 1 s 38 (sec.41D-ssec.1) This section applies if— either— the original application and the cross application are before different courts; or the variation application and the cross application are before different courts; and a court hearing either application is aware of both applications. (sec.41D-ssec.2) The court must consider whether to, and may— hear the applications together; or order that the application before the court be dealt with by the other court. (sec.41D-ssec.3) If the court hears the applications, the court must 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.41D-ssec.4) If the court decides to adjourn the hearing of the application before it, the court must consider whether to make a temporary protection order under division 2 in relation to the adjourned hearing. - (a) either— (i) the original application and the cross application are before different courts; or (ii) the variation application and the cross application are before different courts; and - (i) the original application and the cross application are before different courts; or - (ii) the variation application and the cross application are before different courts; and - (b) a court hearing either application is aware of both applications. - (i) the original application and the cross application are before different courts; or - (ii) the variation application and the cross application are before different courts; and - (a) hear the applications together; or - (b) order that the application before the court be dealt with by the other court. - (a) the principle mentioned in section 4 (2) (e) ; and - (b) 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.