Domestic and Family Violence Protection Rules 2014
sec.23Matters relevant to making order or issuing direction
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sec.23 Matters relevant to making order or issuing direction
In deciding whether to make an order or issue a direction, the interests of justice are paramount. 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. (sec.23-ssec.1) In deciding whether to make an order or issue a direction, the interests of justice are paramount. (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.
- (a) the protection of the person for whose benefit a DFVP application is made under the DFVP Act ;
- (b) that each party is entitled to a fair hearing;
- (c) the time allowed for taking a step in the proceeding or for the hearing must be reasonable;
- (d) the complexity or simplicity of the case;
- (e) the importance of the issues and the case as a whole;
- (f) the volume and character of the evidence to be led;
- (g) the time expected to be taken by the hearing;
- (h) the number of witnesses to be called by the parties;
- (i) that each party must be given a reasonable opportunity to lead evidence and cross-examine witnesses;
- (j) the state of the court lists;
- (k) another relevant matter.