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Part 3 · Standard Proceedings

55. Application to vary, suspend or cancel protection order, etc.

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Amended

Last amended by an amending law of 2022.

(1)

An application to vary, suspend or cancel a protection order or an expedited protection order must be —

(a)

made by summons in Form 6 in the originating application in which the protection order was made; and

(b)

supported by an affidavit in Form 7.

(2)

The applicant must serve the application and supporting affidavit on —

(a)

every other party to the claim for the order, within 7 days after the date on which the application is filed; and

(b)

any other person on whom the application is directed to be served under rule 68(1), within the time required by rule 68(2).

(3)

The court may —

(a)

give such directions for the hearing of the application as the court thinks fit;

(b)

conduct the hearing of the application in such manner as the court thinks fit; and

(c)

where any party or person does not appear at the hearing of the application despite being served under paragraph (2), proceed to hear the application and make a decision in the absence of the party or person, even if the interests of the party or person may be prejudicially affected by the decision.

(4)

Any order made by the court pursuant to the application must be served by the party in whose favour the order is made, on the following persons as the court may direct:

(a)

each person required to be served under paragraph (2);

(b)

every other person on whom the order is directed to be served under rule 68(1).

Subregulation 1

An application to vary, suspend or cancel a protection order or an expedited protection order must be —

(a)

made by summons in Form 6 in the originating application in which the protection order was made; and

(b)

supported by an affidavit in Form 7.

Subregulation 2

The applicant must serve the application and supporting affidavit on —

(a)

every other party to the claim for the order, within 7 days after the date on which the application is filed; and

(b)

any other person on whom the application is directed to be served under rule 68(1), within the time required by rule 68(2).

Subregulation 3

The court may —

(a)

give such directions for the hearing of the application as the court thinks fit;

(b)

conduct the hearing of the application in such manner as the court thinks fit; and

(c)

where any party or person does not appear at the hearing of the application despite being served under paragraph (2), proceed to hear the application and make a decision in the absence of the party or person, even if the interests of the party or person may be prejudicially affected by the decision.

Subregulation 4

Any order made by the court pursuant to the application must be served by the party in whose favour the order is made, on the following persons as the court may direct:

(a)

each person required to be served under paragraph (2);

(b)

every other person on whom the order is directed to be served under rule 68(1).

Report

Part 4

Mandatory Treatment Order

Part 5

General Provisions Applicable to Protection from Harassment Proceedings

Part 6

Permission to Commence Proceedings Under Section 16I of Act

Part 7

Transfer of Proceedings Under Section 16J of Act

Part 8

General

Schedules