DISTRICT COURT OF QUEENSLAND
CITATION:
CD v Queensland Police Prosecutions [2024] QDC 150
PARTIES:
CD
(appellant)
v
QUEENSLAND POLICE PROSECUTIONS
(respondent)
FILE NO:
BD2520/24
DIVISION:
Appellate
PROCEEDING:
Appeal
ORIGINATING COURT:
Magistrates Court at Brisbane
DELIVERED ON:
18 September 2024
DELIVERED AT:
Brisbane
HEARING DATE:
12 September 2024
JUDGE:
Smith AM DCJA
ORDER:
1. The application for a stay is dismissed.
2. The appeal is struck out.
3. I will hear the parties on the question of costs.
CATCHWORDS:
FAMILY LAW – DOMESTIC AND FAMILY VIOLENCE – where the appellant applies for a stay of an order made in the Magistrates Court – where the appellant seeks to appeal a decision made in the Brisbane Magistrates Court to not permit him to cross examine the aggrieved in person – whether the District Court has jurisdiction to deal with appeals against interlocutory rulings – whether appropriate to fragment proceedings
HUMAN RIGHTS – whether the human rights provisions should be used to interpret section 164 of the Domestic Violence and Family Protection Act 2012 (Qld)
LEGISLATION:
District Court Act 1967 (Qld) s 69
Domestic Violence and Family Protection Act 2012 (Qld) ss 3, 4, 150, 151, 164
Human Rights Act 2019 (Qld) ss 4, 31, 48Justices Act 1886 (Qld) s 222
CASES:
Coulter v Ryan [2006] QCA 567; [2007] 2 Qd R 302, considered
Frugtniet v The State of Victoria [1997] HCA 44; (1997) 71 ALJR 1598, applied
Innes v Electoral Commission of Queensland (No 2) [2020] QSC 293; (2020) 5 QR 623, cited
Jago v District Court (NSW) [1989] HCA 46; (1989) 168 CLR 23, considered
Johnston v Carroll [2024] QSC 2; (2024) 329 IR 365, cited
McEwan v Clark [2023] QCA 120, considered
Momcilovic v R [2011] HCA 34; (2011) 245 CLR 1, applied
Nona v R [2013] ACTCA 39; (2013) 236 A Crim R 28, cited
Obeid v R [2016] HCA 9; (2016) 90 ALJR 447, applied
Owen v Cannavan [1995] QCA 324 considered
R v Forsyth [2013] ACTSC 179; (2013) 281 FLR 62, cited
Sankey v Whitlam [1978] HCA 43; (1978) 142 CLR 1, applied
Schneider v Curtis [1967] Qd R 300, considered
Startune Pty Ltd v Ultra-Tune Systems (Aust) Pty Ltd [1991] 1 Qd R 192, appliedStorry v Australian Financial Security Authority [2024] QCA 55, considered
COUNSEL: Self-represented appellant
Solicitors for the respondent
SOLICITORS: Self-represented appellant
Queensland Police Service Legal Unit for the respondent
Introduction
The appellant, CD appeals a decision made in the Brisbane Magistrates Court on 5 September 2024 wherein it was decided by the Magistrate pursuant to section 151(3) of the Domestic and Family Violence Protection Act 2012 (Qld) (“the DFVP Act”), that Ms KS, the aggrieved, could not be cross examined by the appellant in person.
The appellant submits that the decision should be stayed pending the appeal. He submits that the Magistrate erred in reaching his decision. It is not necessary…
Keep reading for free
Create a free CaseChat account to read CD v Queensland Police Prosecutions and more:
- Read every judgment in full
- Ask AI and get answers linked to paragraphs
- See how each paragraph was cited in later cases
- Download judgments as PDF or Word
One click creates your free account or signs you in.
By continuing you agree to the Terms and Privacy Policy.
- Case
- [2024] QDC 150
- Decision Date
CaseChat Overview and Summary
The court concluded that any alleged error in the making of a section 151(3) order could be argued as a ground of appeal if the Domestic Violence order was finally made. The court held that there was no right in the appellant to appeal under section 164 of the DFVP Act, and that the appeal would fragment the domestic violence proceedings. Consequently, the court found that it had no jurisdiction to hear the appeal. The court dismissed the application for a stay and struck out the appeal, and ordered that the parties be heard on the question of costs.
The final orders of the court were to dismiss the application for a stay, strike out the appeal, and to hear the parties on the question of costs. The court found that the appeal was not justified, and that the proceedings should not be fragmented by entertaining an interlocutory appeal. The court also determined that there was no basis to interpret section 164 of the DFVP Act through the lens of human rights provisions.
Orders
Orders of the court
1. The application for a stay is dismissed.
2. The appeal is struck out.
3. I will hear the parties on the question of costs.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.