DISTRICT COURT OF QUEENSLAND
CITATION:
JKL v DBA (No. 3) [2022] QDC 163
PARTIES:
JKL
(appellant)
v
DBA
(respondent)
FILE NO:
17 of 2021
DIVISION:
Civil
PROCEEDING:
Appeal
ORIGINATING COURT:
Gympie Magistrates Court
DELIVERED ON:
29 July 2022
DELIVERED AT:
Brisbane
HEARING DATE:
Written submissions
JUDGE:
Dearden DCJ
ORDER:
The appellant pay the respondent’s costs fixed at $3,142.59
CATCHWORDS:
CRIMINAL LAW – APPEAL AND NEW TRIAL – COSTS – appeal against application to vary domestic violence order – where appeal was unsuccessful – where written submissions made as to costs
MAGISTRATES – APPEAL AND REVIEW – QUEENSLAND – APPEAL – PROCEDURE – OTHER MATTERS – appeal against application to vary domestic violence order – where appeal was unsuccessful – where written submissions made as to costs
LEGISLATION:
Domestic and Family Violence Protection Act 2012 (Qld) s 142
Uniform Civil Procedure Rules 1999 (Qld) rr 785, 766, 771, 681
CASES:
AVI v SLA (No. 2) [2019] QDC 207
BAK v Gallagher & Anor (No. 2) [2018] QDC 132
John Urquhartt/as Hart Renovations v Partington& Anor [2016] QCA 199
Kilvington v Grigg & Ors (No. 2) [2011] QDC 37
Knight v FP Special Assets Ltd (1992) 174 CLR 178
LAF v AP (No. 2) [2022] QDC 104
MNT v MEE (No. 2) [2020] QDC 100
COUNSEL: JKL (self-represented)
P Courtney (Sol)
SOLICITORS: Appellant in person
KLM Solicitors for the respondent
Introduction
On 22 June 2022, I delivered judgment in an appeal filed by the appellant on 9 November 2021 in respect of an application the appellant filed on 18 December 2020, seeking to vary a final protection order made by the Gympie Magistrates Court on 20 November 2019. I ordered that the applicant’s appeal be dismissed and made a further order that written submissions on the issue of costs be provided by the appellant and the respondent’s legal representatives. The appellant and the respondent each provided written submissions.
The chronology in respect of this matter is helpfully summarised by the respondent as follows:-
“1.On 20 November 2019 a final protection order was made by the Gympie Magistrates Court which named the appellant as the respondent, the respondent as the aggrieved, and the parties’ five children as named persons (“the Protection Order”).
2.On 18 December 2020, the appellant filed an application to vary the protection order (“the Application”) in the Gympie Magistrates Court.
3.The matter was heard before [the learned acting magistrate] in the Gympie Magistrates Court on 29 September 2021.
4.On 14 October 2021, the presiding magistrate handed down her decision. Her Honour dismissed the application and ordered that the appellant pay the respondent’s costs in the amount of $500.
5.On 9 November 2021, the appellant filed a notice of appeal with respect to the decision made on 14 October 2021.
6.On 13 June 2022, the appeal was heard in the Gympie District Court before his Honour Judge Dearden.
7.On 22 June 2022,…
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- AGLC
- JKL v Dba (No. 3) [2022] QDC 163
- Case
- [2022] QDC 163
- Decision Date
CaseChat Overview and Summary
The court needed to determine the validity of the appellant's arguments and whether the appeal was frivolous or vexatious. Given the appellant's unsuccessful appeal, the court also had to consider the appropriate costs to be awarded to the respondent. The appeal presented a complex interplay between the procedural aspects of appeals in domestic violence matters and the substantive legal issues concerning the variation of the order itself.
The Court of Appeal found that the appeal was without merit and was likely to be considered frivolous or vexatious. As a result, the court determined that the appellant should be ordered to pay the respondent's costs. After considering the written submissions, the court fixed the respondent's costs at $3,142.59, which the appellant was ordered to pay.
Orders
Orders of the court
The appellant pay the respondent’s costs fixed at $3,142.59
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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