Australian Capital Territory Numbered Regulations

DOMESTIC VIOLENCE AND PROTECTION ORDERS REGULATION 2009 (NO 10 OF 2009) - REG 94

    (1)     A failure to comply with a requirement of the Act, or a direction given by the Magistrates Court, in relation to a proceeding is an irregularity and does not make the proceeding, or a document, step taken or order made in the proceeding, void.

    (2)     If there has been a failure to comply with the Act or a direction given by the Magistrates Court in relation to a proceeding, the court may—

        (a)     set aside all or part of the proceeding; or

        (b)     set aside a step taken or order made in the proceeding; or

        (c)     declare a document or step taken to be void; or

        (d)     declare a document or step taken to be valid; or

        (e)     make another order that could be made under the Act (including an order dealing with the proceeding generally); or

        (f)     make any order dealing with the proceeding generally that it considers appropriate.

    (3)     The Magistrates Court may act under subsection (2) on application by a party or on its own initiative.

    (4)     An application for an order under this section must be made—

        (a)     within a reasonable time; and

        (b)     before the applicant has taken any fresh step in the proceeding after becoming aware of the failure to comply with the Act or a direction of the Magistrates Court.