Australian Capital Territory Numbered Acts Australian Capital Territory Numbered Acts(1) This section applies if the Magistrates Court makes an interim order in the absence of a respondent.
Note For service of an interim order, see s 64.
(2) If the respondent does not wish to object to the interim order becoming a final order, the respondent may—
(a) fill out the endorsement copy of the interim order in accordance with the instructions on the copy; and
(b) indicate on the endorsement copy that the respondent does not object to the interim order becoming a final order; and
(c) return it to the Magistrates Court before the return date for the application for the final order.
(3) If the respondent acts under subsection (2), the interim order becomes a final order on the day the Magistrates Court receives the endorsement copy.
(4) If the respondent wishes to object to the interim order becoming a final order, the respondent must—
(a) fill out the endorsement copy of the interim order in accordance with the instructions on the copy; and
(b) indicate on the endorsement copy that the respondent objects to the interim order becoming a final order; and
(c) return it to the Magistrates Court at least 7 days before the return date for the application for the final order to which the interim order relates.
(5) If the respondent acts under subsection (4), the Magistrates Court may decide the application.
(6) If the respondent wishes to object to the interim order becoming a final order but does not act under subsection (4), the Magistrates Court may decide the application for the final order only if the respondent—
(a) attends the Magistrates Court on the return date for the application for the final order; and
(b) objects to the interim order becoming a final order; and
(c) satisfies the court that the respondent—
(i) has a legal disability and did not have a litigation guardian appointed for the proceeding at any time before the endorsement copy was required to be returned under subsection (4) (c); or
(ii) has a reasonable excuse for failing to act under subsection (4).
Examples—par (c) (ii)
1 the respondent was injured in a car accident and unable to return the endorsement copy in the time required
2 the respondent is from a non-English speaking background and no one was able to interpret the endorsement copy for respondent until after it was required to be returned
Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
(7) If the interim order does not become a final order under subsection (3) and the application may not be decided by the Magistrates Court under subsection (5) or (6), the Magistrates Court may decide that the interim order becomes a final order at the end of the return date for the application for the final order.
Note See s 46 for the grounds for making final orders (other than workplace orders).
(8) In this section:
"endorsement copy", of an interim order, means the copy of the interim order marked as the endorsement copy under section 64 (1).
"respondent" includes a representative of the respondent.
Note For review of final orders, see pt 11.