GJ v As

[2015] HCASL 215

GJ

v

AS

[2015] HCASL 215
C9/2015

1. The applicant sought a personal protection order against the respondent under the Domestic Violence and Protection Orders Act 2008 (ACT) ("the Act"). On 8 March 2012, during the hearing of the applicant’s application for a final order, the applicant, who was representing herself, left the courtroom without leave of the Court and did not return. Magistrate Dingwall dismissed the applicant’s application and ordered the applicant to pay the respondent’s costs.

2. The applicant appealed to the Supreme Court of the Australian Capital Territory (Penfold J). After Penfold J had reserved her decision, but before she had delivered her judgment, the applicant made an application that her Honour disqualify herself on the basis of apprehended bias. On 11 August 2014, Penfold J dismissed the applicant’s appeal as incompetent, because the Magistrate’s decision was not appealable under the Act, and refused the disqualification application. On 18 March 2015, her Honour ordered the applicant to pay the respondent’s costs.

3. The applicant appealed to the Court of Appeal of the Supreme Court of the Australian Capital Territory (Refshauge and Rangiah JJ and Walmsley AJ).  On 8 May 2015, Refshauge J dismissed an application that he disqualify himself from hearing the appeal.  On 3 August 2015, the Court of Appeal dismissed the applicant’s appeal.  The Court of Appeal held that the appeal to Penfold J was incompetent.  The Court of Appeal was not satisfied that a fair-minded observer would have a reasonable apprehension that Penfold J failed to bring an impartial mind to the resolution of the issues before her, and that no error was shown in Penfold J’s exercise of discretion to order the applicant to pay the respondent’s costs.

4. The applicant seeks special leave to appeal to this Court. The applicant’s grounds of appeal are unparticularised and advance arguments that were not raised in the Courts below.  An appeal to this Court would enjoy no prospects of success, and the interests of justice are not engaged by this application.  Special leave is refused.

5. Pursuant to r 41.10.5 we direct the Registrar to draw up, sign and seal an order dismissing the application.

S.M. Kiefel
10 December 2015 P.A. Keane