24General interim orders—further orders

24 General interim orders—further orders (1) This section applies if a general interim order has ended or is about to end. (2) The Magistrates Court may make a further general interim order if satisfied there are special or exceptional circumstances (having regard to the objects of this Act and how those objects are to be achieved as set out in section 7) that justify the making of a further general interim order. Note Section 21 limits the length of a further general interim order. (3) Only 1 further general interim order may be made under this section in relation to an application for a final order. (4) However, a further general interim order must not be made as a consent order. Note An interim order may be amended in certain circumstances (see s 77). 24AA General interim orders—extension for non-service of application (1) This section applies if the registrar adjourns a proceeding for a final order because the respondent has not been served with a copy of the application for the final order and a timing notice. (2) The registrar may also amend a general interim order made in relation to the application by extending it to take into account the delay caused by the adjournment. (3) The registrar must not extend a general interim order under subsection (2) for more than 8 weeks. 24AB General interim orders—extension for non-service of final (a) a final order is made; and (b) the respondent is not present at the making of the final order; and (c) a general interim order made in relation to the application for the final order would, but for this section, expire before the final order is served on the respondent. Note A further order may be made in special or exceptional circumstances (see s 24). (2) The general interim order is extended— (a) until the final order is served on the respondent; or (b) if, despite reasonable attempts, the final order is unable to be served on the respondent—for the period the final order would have been in force under section 27 (Final orders—length), had it been served. Subdivision 3.3.3 Special interim orders 24AC Special interim orders—ending A special interim order ends only when the first of the following happens: (a) the special interim order is revoked; (b) the application for a final order on which the special interim order was made is discontinued or dismissed; (c) a final order is made and the respondent is present when it is made; (d) if a final order is made but the respondent is not present when it is made—the final order is served on the respondent. 24AD Special interim orders—application not to be decided until related charges finalised (1) If a court makes a special interim order, the court must not decide the application for the final order until all related charges are finalised. (2) However, the application for the final order may be finalised by the court before all related charges are finalised— (a) under section 48 (Applicant not present at return of application); or (b) under section 49 (Respondent not present at return of application); or (c) by consent. 24AE 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 24AD). (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 order; and (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.