SUPREME COURT OF VICTORIA
COURT OF APPEAL
S APCI 2019 0050
BETWEEN
| FIONA AUSTIN | Applicant |
| and | |
| DETECTIVE SERGEANT TRENT DWYER | Respondent |
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S APCI 2019 0065
BETWEEN
| FIONA AUSTIN | Applicant |
| and | |
| OSCAR DOBBS & COUNTY COURT OF VICTORIA | Respondents |
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S APCI 2019 0066
BETWEEN
| FIONA AUSTIN | Applicant |
| and | |
| OSCAR DOBBS & MAGISTRATES’ COURT OF VICTORIA | Respondents |
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S APCI 2019 0098
BETWEEN
| FIONA AUSTIN | Applicant |
| and | |
| DETECTIVE SERGEANT TRENT DWYER & MAGISTRATES’ COURT OF VICTORIA | Respondents |
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SE APCI 2019 0109
BETWEEN
| FIONA AUSTIN | Applicant |
| and | |
| OSCAR DOBBS | Respondent |
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SE APCI 2019 0110
BETWEEN
| FIONA AUSTIN | Applicant |
| and | |
| OSCAR DOBBS | Respondent |
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| JUDGES: | WHELAN and KYROU JJA |
| WHERE HELD: | MELBOURNE |
| DATE OF HEARING: | 17 September, 11 November 2019 |
| DATE OF JUDGMENT: | 13 December 2019 |
| MEDIUM NEUTRAL CITATION: | [2019] VSCA 296 |
| JUDGMENT APPEALED FROM: | Austin v Dwyer [2018] VSC 770 (Derham AsJ) Austin v Dobbs [2019] VSC 355 (Ginnane J) Austin v Dwyer [2019] VSC 545 (Coghlan JA) Austin v Dobbs (No 2) [2019] VSC 588 (Ginnane J) |
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JUDICIAL REVIEW – Applications for leave to appeal judgments concerning judicial review of decisions of Magistrates’ Court re adjournment, recusal and ‘special witness’ orders and decision of County Court re extension of time for appeal – Leave refused on all applications – Personal Safety Intervention Orders Act 2010 s 96, Magistrates’ Court Act 1989 s 109, Crimes Act 1914 (Cth) ss 15Y, 15YAB.
PRACTICE AND PROCEDURE – Applications for leave to appeal costs orders – Section 111 Personal Safety Intervention Orders Act 2010 does not apply to proceedings for judicial review – Traditional reluctance to grant leave re costs continues under current legislative regime – Leave refused on all applications – Personal Safety Intervention Orders Act 2010 s 110 – AJH Lawyers v Mathieson Nominees Pty Ltd [2015] VSCA 227, AFP v Opal Storm [2018] VSCA 301 applied.
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| APPEARANCES: | Counsel | Solicitors |
| For the Applicant | In person | |
| For the First Respondent in S APCI 2019 0098 (Otherwise the respondents did not appear) | Mr C Tran | James Baker, Senior Advocacy Team, Victoria Police |
WHELAN JA
KYROU JA:
On 26 August 2016 a young man, Oscar Dobbs, obtained an interim intervention order against his former high school teacher, Fiona Austin. A final order was made on 28 September 2016.
Since those orders were made, there have been over 50 court hearings or court hearing dates in relation to the matter. Ms Austin has been charged with 14 offences, six of which allege breach of the orders. She spent almost a year on remand when her bail was revoked after alleged contraventions of the orders and a condition of her bail. She has appeared either in person or represented by lawyers on many occasions in the Magistrates’ Court. Appeals have been instituted in the County Court. Ms Austin has issued five judicial review proceedings in the Supreme Court. Four of those judicial review proceedings have been decided against her and are now the subject of applications for leave to appeal before this…
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- AGLC
- FIONA AUSTIN Applicant and DETECTIVE SERGEANT TRENT DWYER Respondent [2019] VSCA 296
- Case
- [2019] VSCA 296
- Decision Date
CaseChat Overview and Summary
The primary legal issues before the court involved the applicability of section 111 of the Personal Safety Intervention Orders Act 2010 to proceedings for judicial review, and the court's traditional reluctance to grant leave in relation to costs orders. The applicants argued that the traditional reluctance to grant leave for costs orders should not apply due to the specific provisions of section 111. The court had to determine whether these provisions indeed applied to the costs orders and whether the traditional reluctance to grant leave in such cases should be overridden.
The court considered the arguments put forward by the applicants but found that section 111 did not apply to proceedings for judicial review. The court further held that the traditional reluctance to grant leave for costs orders remains applicable under the current legislative regime. It referred to precedents set in AJH Lawyers v Mathieson Nominees Pty Ltd [2015] VSCA 227 and AFP v Opal Storm [2018] VSCA 301, which upheld this traditional stance. Consequently, the court refused leave on all applications for appeal.
The court's final orders were that leave to appeal the judgments concerning the adjournment, recusal, and special witness orders, as well as the decision on the extension of time for appeal, was refused. Additionally, leave to appeal the costs orders was also refused.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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