Victorian Numbered Acts

FAMILY VIOLENCE PROTECTION AMENDMENT ACT 2017 (NO. 19 OF 2017) - SECT 33

After section 118 of the Principal Act insert —

        " 118A     Appellant's failure to appear

    (1)     If an appellant fails to appear at a mention date or at the time listed for the hearing of the appeal, the County Court or the Supreme Court, as the case requires, may—

        (a)     strike out the appeal; or

        (b)     adjourn the proceeding on any terms that it considers appropriate.

    (2)     If the County Court or the Supreme Court strikes out an appeal under subsection (1)(a)—

        (a)     the registrar of the County Court or the Prothonotary of the Supreme Court must serve a copy of the order striking out the appeal on any person on whom the notice of appeal was required to be served under section 116(3); and

        (b)     if the whole or part of the relevant decision was stayed under section 117(2)—

              (i)     the relevant decision or part of the relevant decision is reinstated; and

              (ii)     any undertaking of bail given by the appellant under section 117(3) is discharged; and

              (iii)     any counselling order stayed under section 131 is reinstated.

    (3)     The County Court or the Supreme Court, at any time, may set aside an order striking out an appeal because of the failure of the appellant to appear, if the appellant satisfies the court that the failure to appear was not due to fault or neglect on the part of the appellant.

    (4)     An application under subsection (3) to set aside an order may be made within a reasonable time after the appellant becoming aware of the order striking out the appeal, by filing notice of the application with the registrar of the County Court or the Prothonotary of the Supreme Court.

    (5)     The registrar of the County Court or the Prothonotary of the Supreme Court must serve a copy of the notice of the application under subsection (3) on any person on whom the notice of appeal was required to be served under section 116(3).

    (6)     If the court grants an application under subsection (3), the court must order the reinstatement of the appeal.

        118B     Effect of order reinstating appeal—stay and bail conditions

    (1)     If the County Court or the Supreme Court orders the reinstatement of an appeal under section 118A(6) and the operation of the relevant decision or part of the relevant decision had been stayed under section 117(2), the court, on the application of a party to the proceeding, may re-impose the stay of that decision or part of that decision.

    (2)     If the County Court or the Supreme Court orders the reinstatement of an appeal under section 118A(6), the court may impose bail conditions on the appellant, as if the appellant were an accused person being released from custody on bail—

        (a)     if re-imposing a stay of the relevant decision or part of the relevant decision, if the court considers it necessary for the protection of a protected person; or

        (b)     in any case, if the court considers it necessary to require a party to the proceeding to attend court for the appeal.".