32Special interim orders—final application decided

32 Special interim orders—final application decided (a) a court makes a special interim order; and (b) all charges related to the special interim order are finalised; and (c) the application for the final order has not yet been decided. Note The court must not decide the application for the final order, unless by consent or because a party is not present at a time when the application is returned before the court, until all related charges are finalised (see s 31). (2) After the final related charge is finalised by the court, the court must also— (a) if the court is the Magistrates Court—decide the application for the final order; or (b) if the court is another court— (i) decide the application for the final order as if it were the Magistrates Court; or (ii) notify the Magistrates Court that the final related charge has been decided. (3) If a court notifies the Magistrates Court under subsection (2) (b) (ii)— (a) the court may give the Magistrates Court guidance about, or a direction for, suitable conditions to be included in the final (b) the Magistrates Court must decide the application for the final (4) A decision to dismiss the application for the final order may only be made after giving the parties an opportunity to be heard.

(5) The court deciding the application for the final order under this section may set a return date for the hearing of the application for the final order.