Des v CJR (No 2)

[2023] QDC 209

DISTRICT COURT OF QUEENSLAND

CITATION:

DES v CJR (No 2) [2023] QDC 209

PARTIES:

DES

(Appellant) v

CJR
(Respondent)

FILENO:

1/23

DIVISION:

Appellate

PROCEEDING:

Appeal

ORIGINATING COURT:

Magistrates Court at Bundaberg

DELIVEREDON:

21 November 2023

DELIVEREDAT:

Brisbane

HEARINGDATE:

16 October 2023

JUDGE:

Loury KC DCJ

ORDERS:

The appeal is dismissed

CATCHWORDS:

DOMESTIC VIOLENCE – APPEAL AND REHEARING –

ss 91, 92 Domestic and Family Violence Protection Act 2012 - where the appellant’s application to vary a protection order was refused by a Magistrate – where it is unclear whether the Magistrate had regard to the findings of the court that made the original order – where there is a possibility of an error of law – where a rehearing of the evidence is conducted – whether it remained necessary and desirable for the protection order to continue to ensure the safety of the aggrieved.

LEGISLATION:

Domestic and Family Violence Protection Act 2012 ss 86, 91, 92(2)(3), 168, 169

CASES:

Fox v Percy (2003) 214 CLR 188

HBY v WBI & Anor [2020] QDC 81
Robinson Helicopter v McDermott (2016) 90 ALJR 679
S v R [2022] QDC 154

COUNSEL / SOLICITORS:

The appellant appeared self-represented The respondent appeared self-represented

Background

1. On 12 February 2020, a domestic violence order was granted naming the appellant as the respondent to the order. The respondent to this appeal is the aggrieved. For ease of reference, I will refer throughout this judgement to the appellant as the respondent, and the respondent to the appeal as the aggrieved.

2. The order contained the following conditions:

   (1)      The respondent must be of good behaviour towards the aggrieved and not commit domestic violence against the aggrieved.

   (2)      The respondent must be of good behaviour towards the child, must not commit associated domestic violence against the child and must not expose the child to domestic violence.

   (3)      The respondent is prohibited from entering, attempting to enter or approaching to within 50 metres of premises where the aggrieved lives, works or frequents.

   Except for the purposes of having contact with children but only as set out in writing between the parties or in compliance with an order of a Court or when contact authorised by a representative of the Department of Child Safety, Youth and Woman with a child.

   (4)      The respondent is prohibited from contacting or attempting to contact or asking someone else to contact the aggrieved by any means whatsoever including telephone, text or internet.

   Except when appearing personally before a court or tribunal;

   Except when attending an agreed conference, counselling or mediation;

   Except for the purposes of having contact with children but only as set out in writing between the parties or in compliance with a court order.

   (5)      The respondent is prohibited from following or remaining or approaching to within 50 metres of the aggrieved when the aggrieved is at any place.

   Except when appearing personally before a court or tribunal;

   Except when attending an agreed conference, counselling or mediation;

   Except for the purposes of having contact…