Apprehended Domestic Violence Order Variation or Revocation (Applicant) - Defendant Application

Jurisdiction: New South Wales Local Court. This is a specific fork of the parent variation plan, tailored for defendant applicants.

The Process at a Glance: The practitioner reviews the order's status and expiration date, advising on the weapons licence consequences under the Firearms Act. If a child is protected, a motion for leave under section 72B must be prepared. The practitioner drafts and serves the section 72C notice on the Police Commissioner, executing a Rule 5.12 Statement of Service. If active bail conditions mirror the ADVO, a concurrent bail variation is filed. The practitioner argues leave and notice as threshold issues at mention before proceeding to the contested hearing.

Key Legislation and Case Law: Crimes (Domestic and Personal Violence) Act 2007 (NSW): s 72B (child leave gateway), s 72C (mandatory police notice), s 17(2) (hardship balancing). Firearms Act 1996 (NSW) s 11(5)(c) (ten-year licensing bar). Bail Act 2013 (NSW) s 51 (bail variation). [Commissioner of Police v Murphy [2009] NSWCA 311](https://www.caselaw.nsw.gov.au/) (improper purpose extension/revocation bar). Case management follows the 4 May 2026 Practice Note guidelines.

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