There are new rules for IVOs in the Magistrates’ Court. The Magistrates’ Court (Personal Safety Intervention Orders) Rules 2021 commenced on 29 August 2021.
Intervention orders are made in the Magistrates’ Court under either the Family Violence Protection Act 2008 or the Personal Safety Intervention Orders Act 2010.
The Magistrates’ Court (Personal Safety Intervention Orders) Rules 2021 and the Magistrates’ Court (Family Violence Protection) Rules 2018 provide for the practice and procedure in all proceedings under the respective Acts, including service, orders, subpoenas, affidavits and hearings. The two sets of rules are largely uniform and therefore procedure under both Acts is essentially the same.
The new rules for IVOs revoke and replace these previous rules:
- Magistrates’ Court (Family Violence Protection) Rules 2008;
- Magistrates’ Court (Family Violence Protection Rules) (Amendment No. 1) Rules 2011;
- Magistrates’ Court (Vexatious Proceedings Amendments) Rules 2014;
- Magistrates’ Court (Family Violence Protection) Amendment Rules 2017;
- Magistrates’ Court (Family Violence Protection) Amendment Rules 2018.
The By Lawyers Intervention orders commentary has been updated with links to the new rules. The specialist Intervention orders guide is part of the Criminal – Magistrates Court publication.