Belko & RUSHWORTH (No 2)

The parties in this matter were Belko and Rushworth. The dispute concerned an application for an order under s 70NAE of the *Family Law Act 1975* (Cth) to enforce an order made under s 53 of the *Family Violence Protection Act 2008* (Vic). The application was heard in the Federal Circuit Court of Australia by Carter J.

The primary legal issue before the court was whether it had the power to make an order under s 70NAE of the *Family Law Act* to enforce a Victorian family violence intervention order. This involved considering the interplay between federal and state legislation and the scope of the court's jurisdiction in enforcing such orders.

Carter J determined that the court did possess the power to make the requested order. His Honour reasoned that s 70NAE of the *Family Law Act* provided a mechanism for the enforcement of orders made under state or territory legislation that provided for the protection of a person from family violence. The Victorian family violence intervention order, made under s 53 of the *Family Violence Protection Act 2008* (Vic), fell within the scope of this federal provision. The court applied the principles of statutory interpretation to ascertain the legislative intent behind s 70NAE, concluding that it was designed to facilitate the cross-jurisdictional enforcement of family violence orders.

The court made orders enforcing the Victorian family violence intervention order.