Kao v DL

[2017] QMC 16

MAGISTRATES COURTS OF QUEENSLAND

CITATION:

KAO v DL [2017] QMC 16

PARTIES:

KAO

(Aggrieved)

v

DL

(Respondent)

GWB

(Applicant)

FILE NO/S:

MAG-00274896/16(7)

DIVISION:

CIVIL

PROCEEDING:

APPLICATION – Protection Order

ORIGINATING COURT:

Cairns

DELIVERED ON:

25 August 2017

DELIVERED AT:

Cairns

HEARING DATE:

15 May 2017

MAGISTRATE:

Pinder J

ORDER:

Application granted

CATCHWORDS:

Domestic Violence – Protection Order

Meaning of Necessary or Desirable

Conditions of Protection Order

Domestic Family Violence Protection Order

Domestic Family Violence Protection Act 2012

MDE v MLG & Commissioner of Queensland Police (2015) QDC 151

Armour v FAC (2012) QMC 22

COUNSEL:

----

SOLICITORS:

Senior Constable S Berry (QPS) – Applicant

Ms S Hadley (Hadley Family Law) – Respondent

1. The aggrieved KAO and the respondent DL were in a short and problematic relationship from May 2016 to early November 2016. The applicant GWB (a Constable of Police) applies for a protection order pursuant to s 32 of the Domestic and Family Violence Protection Act 2012 (DFVPA).

1. GWB is not only, as the parties concede, authorised but also compelled to apply to the court for a protection order, in circumstances where he reasonably suspects that domestic violence has been committed.[1]

Application for Protection Order

1. The application, filed on 5 December 2016, is for a protection order with the standard conditions i.e. that the respondent be of good behaviour towards the aggrieved and not commit domestic violence against the aggrieved (prescribed by s 56 DFVPA), and the following additional conditions:

   [1] s 100 DFVPA

1. That the respondent is prohibited from remaining at or entering or attempting to enter or approaching any premises where the aggrieved resides and works;

1. That the respondent is prohibited from approaching the aggrieved; and

1. That the respondent is prohibited from contacting the aggrieved or asking someone else to contact the aggrieved.

1. The respondent opposes the making of any order.

The Parties’ Material

1. Directions were made for the parties’ evidence in chief to be by way of affidavit or statement.

1. In compliance with those orders both the applicant and respondent filed and served material and seek to rely on that material in respect of the hearing of the application.

Applicant’s Material

1. The applicant’s material is:

1. Application for protection order filed 5 December 2016;

1. Affidavit of KAO sworn 3 December 2016;

1. Affidavit RCG (house mate of KAO) sworn 18 February 2017.;Affidavit of GWB sworn 20 February 2017.

Respondent’s Material

1. The Respondent’s material is an affidavit by the respondent DL sworn 23 March 2017.

The Hearing

1. The hearing proceeded on 15 May 2017.  The applicant was represented by a police prosecutor, Senior Constable Berry, and the respondent was represented by Ms Hadley of Hadley Family Law.

1. All witnesses who had deposed affidavits in the proceedings were cross examined.

Evidentiary Provisions

1. The evidentiary provisions in respect of the hearing of an application for a protection order are contained in s 145 of the DFVPA which provides:

(1)   In a proceeding under this Act, a court—

a.   is not bound by the rules of evidence, or any practices or procedures…