Family Violence Act 2016 (ACT)

The case under the Family Violence Act 2016 (ACT) involves the admissibility of evidence from preliminary conferences and the examination of affected persons by self-represented respondents. The court was tasked with determining whether certain evidence and examination methods were permissible under the Act. Specifically, the issues included whether evidence from a preliminary conference could be presented in court and if a self-represented respondent could personally examine an affected person.

The court examined the statutory provisions that restrict the admissibility of preliminary conference evidence unless certain conditions are met. The court found that the evidence could only be presented if the parties agreed or if there were substantial reasons justifying its admission in the interests of justice. Regarding the examination of affected persons, the court noted that a self-represented respondent must not personally examine an affected person. Instead, the court had the discretion to either appoint a person to conduct the examination on behalf of the respondent or to adjourn the proceeding to allow the respondent to obtain legal representation.

Based on these findings, the court ruled that the preliminary conference evidence was inadmissible unless the conditions specified in the Act were satisfied. For the examination of affected persons, the court determined that the respondent could not personally conduct the examination. However, the court could either appoint someone to conduct the examination on the respondent's behalf or take measures to ensure the respondent obtained legal representation.

The court ordered that the preliminary conference evidence was inadmissible unless the conditions in the Act were met. Furthermore, the court mandated that the respondent could not personally examine the affected person but could have someone appointed to do so on their behalf or be directed to obtain legal representation.