Garde v Dowd

In *Garde v Dowd*, the applicant sought to appeal a decision of the Local Court concerning apprehended violence proceedings and the associated costs. The appeal was heard by Giles, McColl, and Basten JJA in the Court of Appeal of New South Wales.

The central legal issues before the Court of Appeal were whether the Local Court was required to fix the quantum of costs awarded in apprehended violence proceedings, and how to reconcile potentially conflicting provisions within the *Crimes (Domestic and Personal Violence) Act 2007* (NSW), the *Criminal Procedure Act 1986* (NSW), and the *Legal Profession Act 2004* (NSW) concerning costs. The Court also considered the principles of statutory interpretation, particularly when provisions from one Act are incorporated by reference into another.

The Court of Appeal dismissed the application. It was held that the Local Court was not obliged to fix the specific amount of costs in these proceedings. The Court reasoned that the relevant legislation, when read together, did not impose such a requirement, and that the general principles of costs orders in summary proceedings applied. The applicant was ordered to pay the first respondent's costs in the Court of Appeal.