AB v Hayes & Anor

AB appeals against a domestic violence order made by the Local Court. The appeal focuses on two issues: first, whether there was a proper evidential basis for the Local Court to conclude that there were reasonable grounds for the protected person to fear the commission of domestic violence, and second, whether the Local Court had the power to order the destruction of personal property, in this case, sexually explicit digital images. The appeal was allowed on both grounds.

The court found that there was insufficient evidence to support the Local Court's conclusion that there were reasonable grounds for the protected person to fear the commission of domestic violence. The evidence presented did not establish that the appellant intended to use the camera pen to photograph or record the protected person. The court found the appellant's behaviour to be concerning, but the cumulative evidence did not demonstrate a reasonable fear of domestic violence as defined by the Domestic and Family Violence Act 2007 (NT).

Regarding the destruction of personal property, the court held that the Local Court did not have the power to order the destruction of the appellant's personal property under section 21 of the Act. The section was concerned with regulating the defendant's behaviour to prevent domestic violence, not with ordering the destruction of personal property. The court noted that a proprietary interest was affected and that the presumption against interference with vested proprietary interests applied unless the statutory language was clear and unambiguous. The court concluded that section 21 did not grant such power.

The appeal was allowed, and the domestic violence order was set aside. The appellant was ordered to pay the respondent's costs of the proceeding.