41Interim order sought

41 Interim order sought (1) If the Magistrates Court receives an application for a protection order and an interim order is sought, the court must set a return date for the hearing of the interim order which is not later than 2 days after the day the application is received. (2) After the hearing for the interim order, the Magistrate’s Court must hold a preliminary conference unless the court is satisfied, on application or on its own initiative, that— Note For the objects of a preliminary conference, see s 43.

Division 4.1 What Magistrates Court must do after receiving application for protection (3) If the Magistrates Court decides to hold a preliminary conference, the (a) set a return date for a preliminary conference which is as soon as practicable after the hearing; and (i) a copy of the application for the protection order; and (ii) if an interim order was made— (A) a copy of the application for the interim order; and (B) a copy of the interim order; and (iii) a timing notice for the conference; and Note The application for the protection order and timing notice must be served personally on the respondent (see s 64A). (4) If the Magistrates Court decides not to hold a preliminary conference, (i) a copy of the application for the protection order; and (ii) if an interim order was made— (A) a copy of the application for the interim order; and (B) a copy of the interim order; and (iii) notice of the return date;

Preliminary conferences Division 4.2 (5) Subsection (3) continues to apply even if the order is taken to be a special interim order under section 23 (General interim orders—taken to be special interim orders if related charges laid) before a preliminary conference is held.