CHAW v Jenkinson

The parties to this proceeding were CHAW (the applicant) and Jenkinson (the respondent). The dispute concerned an application for an apprehended domestic violence order (ADVO) made by the applicant against the respondent. The matter was heard in the Local Court of New South Wales.

The primary legal issue before the Court was whether the applicant had established, on the balance of probabilities, that the respondent had committed acts of domestic violence against the applicant, thereby justifying the making of an ADVO. This required the Court to assess the evidence presented by both parties regarding the alleged incidents.

Judge Street considered the evidence of the applicant, which detailed several instances of alleged physical and verbal abuse. The respondent denied the allegations. The Court applied the principles governing the making of ADVOs, which require proof of a relevant act of domestic violence and a finding that it is probable that the respondent will commit further acts of violence unless an order is made. The Court found that the applicant's evidence, when assessed against the respondent's denials, was sufficiently credible and persuasive to establish the necessary grounds for an ADVO.

The Court made an ADVO against the respondent.