134Decision about hearing of application

134 Decision about hearing of application (1) A court that deals with an application for amendment or revocation of a non-local FVO may decide to hear or not hear the application. (2) In making the decision, the court may consider the following matters (to the extent relevant): (a) the jurisdiction in which the respondent and the protected person under the FVO generally live or are employed; (b) any difficulty the party responding to the application may have in attending the proceeding; (c) whether there is sufficient information available to the court in relation to the FVO and the basis on which it was made; (d) whether any proceeding is being taken in relation to an alleged contravention of the FVO and the jurisdiction in which the proceeding is being taken;

(e) the practicality of the applicant (if not the respondent under the FVO) applying for and obtaining a local FVO against the respondent with similar conditions; (f) the impact of the application on any child; (g) any other matters the court considers relevant. (3) Without limiting the court’s power to not hear an application, the court may not hear the application if the court is satisfied that there has been no material change in the circumstances on which the making of the order was based and that the application is in the nature of an appeal against the order. (4) For the purpose of exercising its functions under this division, a court may have regard to any information that the court considers relevant about the making or amendment of an FVO that is provided by an issuing authority of any other jurisdiction. Note Div 9.4 enables the court to obtain information about FVOs from other jurisdictions. (5) A court must refuse to hear an application for amendment or revocation made by the respondent during any period in which, under the law of the issuing jurisdiction for the FVO, the respondent is not entitled to apply for the amendment or revocation of the FVO in the issuing jurisdiction.