Legal Project Management Plan & Checklist
Purpose of this Guide: Use this fork when the defendant has been served and, rather than contesting the ADVO at a hearing, agrees to consent to the order without making any admissions to the conduct alleged. This is the most common resolution pathway for private ADVO applications. The defendant 'consents without admissions,' meaning they agree to be bound by the order but do not admit that they committed any of the acts described in the application. The order has the same legal effect as a final contested ADVO - breach is a criminal offence - but the matter resolves at the First Mention without the cost, delay, and trauma of a contested hearing. Verify current guidelines on the official NSW Legislation. Access services via the .
Jurisdiction: New South Wales - Local Court. Consent orders under the Crimes (Domestic and Personal Violence) Act 2007 (NSW). Consent without admissions is a recognised and routine resolution mechanism in ADVO proceedings. Verify current guidelines on the official NSW Legislation. Access services via the NSW Courts.
The Process at a Glance: At the First Mention, the defendant's solicitor indicates consent without admissions. Negotiate the specific conditions, duration, and protected persons to be included in the consent order. Ensure the client understands that the defendant's consent does not mean they have admitted wrongdoing - the applicant cannot use the consent as evidence of the defendant's guilt in any other proceedings. Once agreed, obtain the sealed consent ADVO from the court on the day. Advise the client on breach reporting and close the file. Verify current guidelines on the official NSW Legislation. Access services via the NSW Courts.
Key Legislation and Case Law: Crimes (Domestic and Personal Violence) Act 2007 (NSW) s 16 (grounds for making ADVO), s 35 (additional conditions), s 36 (mandatory conditions), s 38 (mandatory inclusion of domestic children), s 49 (ADVO does not constitute admission of guilt by defendant), s 14 (breach - criminal offence). Note: s 49 expressly provides that making or accepting an ADVO by consent does not constitute an admission of the commission of any offence or of any act or omission alleged in the application. Verify current guidelines on the official NSW Legislation. Access services via the NSW Courts.
* Disclaimer: We're nobody's lawyer, because we aren't lawyers. You are, so you know better than to take legal advice from an app. We also aren't accountants or dog trainers - just digital spirit guides taking zero liability for any of this. This site exists to gather the collective knowledge of practitioners like you. Verify everything and submit your feedback on the Apprehended Domestic Violence Order (ADVO) - Private Application - Consent ADVO Without Admissions - First Mention Resolution matter plan to improve the playbook. THIS IS NOT LEGAL ADVICE, it's a request for input.
This legal matter plan provides a structured workflow for Criminal Law cases, outlining the standard Protective Order Application process. Utilize these tracking templates to manage your legal cases efficiently.
Verify all prerequisite documentation has been obtained, cross-reference against the statutory requirements for this matter type, and confirm compliance with practice direction protocols.
Section 49 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW): 'For the avoidance of doubt, the making of an apprehended violence order by consent does not constitute an admission by the defendant of the commission of any offence or of any act or omission alleged in the application.' This provision should be specifically communicated to the client to manage expectations. It also means the applicant cannot 'win' by obtaining a consent ADVO in terms of establishing civil liability for assault or other torts.
Prepare the relevant forms and supporting materials required under the applicable legislation, ensuring all mandatory fields are completed and all attachments are properly certified.
Draft and dispatch formal correspondence addressing the procedural requirements at this stage, including any required notices, requests for information, or proposals for resolution.