NSW
Judicial Commission of New South Wales, Civil Trials Bench Book (updated 2022).
Part [2-0200] contains general discussion about a court’s power of adjournment in the civil context. This general discussion is relevant to the domestic and family violence context.
Judicial Commission of NSW, Local Court Bench Book (updated 2022).
Section [22-000] discusses the procedures for dealing with applications for Apprehended Violence Orders, hearing applications, the making and variation of orders, consent orders, duration and conditions, and the National Domestic Violence Order recognition scheme.
Vic
Judicial College of Victoria, Victorian Criminal Charge Book.
Chapter 2.3.1 contains bench notes with respect to alternative arrangements for giving evidence. One of these measures is ‘permitting a person chosen by the witness and approved by the court to be beside the witness while he or she is giving evidence, for the purpose of providing emotional support (‘emotional support person’). In proceedings relating wholly or partly to a sexual offence or family violence offence, ‘the court must direct that the complainant’s evidence be given from a place other than the courtroom, unless: the prosecution applies for the complainant to give evidence in the courtroom; the court is satisfied that the complainant is aware of his or her right to give evidence from another place; and the court is satisfied that the complainant is able and wishes to give evidence in the courtroom’. Irrespective of where the complainant gives evidence, ‘the court must direct that he or she be permitted to have an emotional support person beside him or her when giving evidence, unless it is satisfied that the complainant is aware of the right to have an emotional support person with him or her, and he or she does not want such a person to be present’.
Judicial College of Victoria, Family Violence Bench Book.
3.1 discusses the court’s power to make vexatious litigation restraint orders. 3.7 discusses the court’s power to make a costs order where the application was frivolous, vexatious or made in bad faith.
NSW
Judicial Commission of New South Wales, Civil Trials Bench Book (updated 2022).
Part [2-0200] contains general discussion about a court’s power of adjournment in the civil context. This general discussion is relevant to the domestic and family violence context.
Judicial Commission of NSW, Local Court Bench Book (updated 2022).
Section [22-000] discusses the procedures for dealing with applications for Apprehended Violence Orders, hearing applications, the making and variation of orders, consent orders, duration and conditions, and the National Domestic Violence Order recognition scheme.
Vic
Judicial College of Victoria, Victorian Criminal Charge Book.
Chapter 2.3.1 contains bench notes with respect to alternative arrangements for giving evidence. One of these measures is ‘permitting a person chosen by the witness and approved by the court to be beside the witness while he or she is giving evidence, for the purpose of providing emotional support (‘emotional support person’). In proceedings relating wholly or partly to a sexual offence or family violence offence, ‘the court must direct that the complainant’s evidence be given from a place other than the courtroom, unless: the prosecution applies for the complainant to give evidence in the courtroom; the court is satisfied that the complainant is aware of his or her right to give evidence from another place; and the court is satisfied that the complainant is able and wishes to give evidence in the courtroom’. Irrespective of where the complainant gives evidence, ‘the court must direct that he or she be permitted to have an emotional support person beside him or her when giving evidence, unless it is satisfied that the complainant is aware of the right to have an emotional support person with him or her, and he or she does not want such a person to be present’.
Judicial College of Victoria, Family Violence Bench Book.
3.1 discusses the court’s power to make vexatious litigation restraint orders. 3.7 discusses the court’s power to make a costs order where the application was frivolous, vexatious or made in bad faith.