Blanch v Smith

Blanch v Smith was an appeal against the dismissal of an application for an apprehended personal violence order, heard in the Supreme Court of Queensland. The appellant, Blanch, a transgender woman, sought protection from Smith, who had engaged in a campaign of offensive and belittling behaviour directed at her, including parodying her gender identity. The primary judge had dismissed the application on the basis that the appellant's fears were not reasonable. Blanch appealed this decision, arguing that the conduct amounted to harassment and intimidation that justified the making of an apprehended personal violence order.

The court was required to determine whether the appellant's fears of harassment and intimidation were reasonable, and whether such fears justified the making of an apprehended personal violence order. This involved examining the nature and extent of the conduct by the respondent, as well as the context in which it occurred. The court also had to consider whether there was any constitutional impediment to making such an order.

The court found that the respondent's conduct, which included making derogatory comments about the appellant's gender identity and publishing her personal information, amounted to harassment and intimidation. The court held that the appellant's fears of further harassment and intimidation were reasonable, and that this justified the making of an apprehended personal violence order. The court also dismissed any suggestion that there was a constitutional impediment to making such an order, as the making of the order did not infringe upon any constitutional rights or freedoms. The appeal was allowed, and the order sought by the appellant was made.