Australian Capital Territory Numbered Acts Australian Capital Territory Numbered Acts(1) The Magistrates Court may, on application by an aggrieved person or respondent, amend (a temporary amendment ) a final order (the original order ) for a stated period.
Note If a form is approved under the Court Procedures Act 2004 for an application under this section, the form must be used.
(2) An application for a temporary amendment must state the grounds for the application.
Examples
1 the applicant has had a significant change in circumstances since the original order was made
2 the original order restricts the respondent's rights unnecessarily
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).
(3) An application for a temporary amendment must be made before the original order ends.
(4) However, the Magistrates Court may amend the original order for a stated period only if satisfied that—
(a) the amendment is necessary because of a matter of significant importance affecting 1 or more parties; and
(b) the parties have taken reasonable steps to deal with the matter without amending the order; and
(c) amending the order for a stated period is the only reasonable way to deal with the matter; and
(d) amending the order will not adversely affect the safety of the aggrieved person or a child of the aggrieved person; and
(e) it is proper, in all the circumstances, to amend the order for the stated period.
(5) The order amending the original order must state—
(a) the time and date when the amendment starts and ends; and
(b) the reasons for the amendment.