Commentary on Sections Section 63D Ex parte orders: Part 4A
34.Ex parte orders are orders made without the respondent being notified of proceedings.
35.Subsection (1) provides that an ex parte order can be used when just and convenient to do so. In deciding whether it is just and convenient,subsection (2) provides that the court should have regard to all the circumstances of the case, including those circumstances set out in the subsection. Ex parte orders are used in emergencies when the usual notice periods cannot be complied with. The provision is modelled on section 45 of the FLA which deals with ex parte occupation and non-molestation orders. The court has to have regard to the risk of significant harm to the person to be protected or another person if the order is not made immediately. This represents the reality of forced marriage where threats of violence are often made to third parties.
36.Subsections (3) and (4) provide that the respondent is to be given an opportunity to make representations about any order as soon as just and convenient and at a hearing with proper notice to all the other parties.