Deng v Australian Capital Territory

The appeal in *Deng v Australian Capital Territory* concerned the jurisdiction of the Magistrates Court to order the remand of the appellant, who had been arrested for allegedly breaching a Special Interim Family Violence Order. The appeal was heard by the Supreme Court of the Australian Capital Territory, constituted by McCallum CJ, Mossop and McWilliam JJ.

The primary legal issues before the Court were whether the Magistrates Court had jurisdiction to hear proceedings alleging a breach of the Special Interim Family Violence Order, and whether that jurisdiction was dependent on the order being in force at the time of the alleged offence. Additionally, the Court considered whether a remand order made by the Magistrates Court was arbitrary, given the appellant's arrest for breach of the order.

The Court reasoned that the Magistrates Court possessed jurisdiction to hear and determine allegations of breach of a Special Interim Family Violence Order, irrespective of whether the order itself remained in force at the precise moment of the alleged breach. The Court clarified that the Family Violence Act 2016 (ACT) provided the statutory framework for the termination of such orders, and that the conditions within the order, such as continuing "until all related charges are finalised," did not operate to terminate the order itself prematurely. Furthermore, the Court found that the remand order was not arbitrary, as it was based on available statutory power, the appellant was represented, and reasons for the refusal of bail were provided.

Consequently, the appeal was dismissed, and the appellant was ordered to pay the respondents’ costs of the appeal, with liberty granted to either party to apply for a different costs order within 14 days.