Commissioner of NSW Police v Murphy

The Commissioner of NSW Police appealed to the Court of Appeal of New South Wales against orders made by Hamill J, which had dismissed the Commissioner's summons seeking judicial review. The underlying dispute concerned an application made to the Local Court by Mr Murphy to revoke an apprehended domestic violence order (ADVO) that had been made against him. Crucially, Mr Murphy's application to revoke the ADVO was brought before the order had expired. To facilitate this revocation, an application was also made to extend the ADVO, which the Local Court allowed, subsequently allowing Mr Murphy's application to revoke the extended order.

The primary legal issues before the Court of Appeal were whether the Local Court had erred in extending the ADVO and subsequently revoking it, particularly in light of the purpose for which the extension was sought. The court was required to consider whether the purported extension of the ADVO was for an improper purpose, specifically if it was not for the purpose of protecting a person. Furthermore, the court had to determine if the purported revocation of the order was for an improper purpose, namely to disengage the prohibition in s 11(5)(c) of the *Firearms Act 1996* (NSW).

The Court of Appeal found that the Local Court had erred in its approach. The court reasoned that the extension of the ADVO was sought not for the protective purpose contemplated by the legislation, but rather to enable the revocation of the order and thereby circumvent the prohibition on firearm possession under the *Firearms Act 1996*. This was considered an improper purpose. Consequently, the extension and subsequent revocation orders made by the Local Court were set aside. The Court of Appeal declared that the original ADVO had expired on its initial expiry date. The court also granted a certificate under the *Suitors’ Fund Act 1951* (NSW) to Mr Murphy.