GJ v AS

[2011] ACTSC 119

GJ v AS
[2011] ACTSC 119 (28 July 2011)

APPEAL – appeal from Magistrates Court – Domestic Violence and Protection Orders Act 2008 – Protection Orders

COSTS – application for costs – whether the Court can award costs on an appeal under the Domestic Violence and Protection Orders Act 2008 – power to award costs not available at the time of making application for costs – the application for costs dismissed

Court Procedures Act2004 ss 7,134, Sch 1
Court Procedures Amendment Rules2011 (No 2) rr 4, 36
Court Procedures Rules2006 rr 4, 6251(3)(d)
Domestic Violence and Protection Orders Act2008 Pt 5, ss 29, 36, 96, 111, 117
Domestic Violence and Protection Orders Regulation2009 s 93
Justice and Community Safety Legislation Amendment Act2005 (No 4) s 139
Supreme Court Act1933 s 23

Byrnes v Barry (2004) 150 A Crim R 471

ON APPEAL FROM THE MAGISTRATES COURT OF THE AUSTRALIAN CAPITAL TERRITORY

No. SCA 35 of 2010

Judge:          Gray J
Supreme Court of the Australian Capital Territory
Date:           28 July 2011

IN THE SUPREME COURT OF THE     )           
  )          No. SCA 35 of 2010
AUSTRALIAN CAPITAL TERRITORY           )

ON APPEAL FROM THE MAGISTRATES COURT OF THE AUSTRALIAN CAPITAL TERRITORY

BETWEEN:                GJ

Appellant

AND:                AS

Respondent

ORDER

Judge:  Gray J
Date:  28 July 2011  
Place:  Canberra

THE COURT ORDERS THAT:

1. The appellant’s application for costs be dismissed.

IN THE SUPREME COURT OF THE     )          
  )          No. SCA 35  of 2010
AUSTRALIAN CAPITAL TERRITORY           )

ON APPEAL FROM THE MAGISTRATES COURT OF THE AUSTRALIAN CAPITAL TERRITORY

BETWEEN:                GJ

Appellant

AND:                AS

Respondent

Judge:  Gray J
Date:  28 July 2011 
Place:  Canberra

REASONS FOR JUDGMENT

THE COURT:

1. On 7 March 2011 I set aside the decision of a magistrate which discharged an interim protection order that had been granted to GJ, the appellant, against AS, the respondent.  I further ordered that the matter be remitted to the Magistrates Court to be dealt with in accordance with the law.

1. The appellant who is an admitted solicitor but not holding a practising certificate seeks costs.

1. Section 111 of the Domestic Violence and Protection Orders Act2008 (Protection Orders Act) makes it an offence to publish an account or report of a proceeding on an application for a protection order.  I consider that section extends to these proceedings by way of appeal.  Accordingly, the parties are not identified for the purposes of this judgment.

Background

1. On 12 January 2010 the appellant filed an application for a Personal Protection Order under the Protection Orders Act.  In that application the appellant sought orders against the respondent who was then the owner and operator of a website.

1. The basis for the application was that the appellant discovered on or around about 14 December 2009 that in early 2005 there had been a number of comments made about her on the website.  These comments related to the appellant and her involvement in a matter concerning the NSW…