VIC Intervention Order - Help with Further and Better Particulars?

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gukcey

Member
18 June 2021
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Housekeeping - I’m not a lawyer and this isn’t legal advice.

I’m in Queensland but I think the process is fairly similar I’m Victoria.

The application for a protection order is sort of a ‘prima facie’ opportunity for the parties to decide if it’s going to go to trial or if the respondent would rather just accept without admissions. Basic facts are provided, the court decides if a relevant relationship exists and if the facts look like domestic violence at first instance, and then asks the respondent what they want to do.

Asking for further and better particulars at a mention is kind of like saying ‘I need more information about what you’re alleging before I can decide whether I’m going to contest or accept’.

If no further particulars are submitted, the next mention will probably look a lot like the first one - look at the facts, decide if the fundamental elements are met, ask the respondent what they want to do. You can tell the magistrate that you requested further and better particulars and they might adjourn so the other party has more time to submit them, but it also might just ask you whether you’ll accept or want to set a date for trial regardless (because they will have to submit a trial affidavit with all those particulars anyway). It could throw the matter out, but I don’t think that’s a very common outcome, particularly in Victoria.

If your ex is represented, it might be a good idea to write to her lawyer and ask if they intend to provide further particulars as requested at first mention.