45Certain persons must be given opportunity to be heard

45 Certain persons must be given opportunity to be heard (1) Subject to subsection (2), a Court or VCAT must not make a litigation restraint order, an acting in concert order or an appeal restriction order against a person without— (a) hearing the person; or (b) giving the person an opportunity to be heard. (2) The Magistrates' Court or the Children's Court must not make an extended litigation restraint order, an acting in concert order or an appeal restriction order that relates to intervention order legislation without— (a) hearing— (i) the person who will be subject to the order; and (ii) the person who will be protected by the order; or (b) giving the persons referred to in paragraph (a) an opportunity to be heard. (3) For the purposes of subsections (1) and (2), the Court or VCAT may order that submissions be made in writing or given at an oral hearing.