Continue reading Kickett v Starr
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Details
- AGLC
- Kickett v Starr [2013] WADC 52
- Case
- [2013] WADC 52
- Decision Date
CaseChat Overview and Summary
The case of Kickett v Starr concerns an appeal against the decision of Magistrate Richardson granting Lynette Starr leave to continue with an application to cancel a final violence restraining order (VRO) issued in favour of Leanne Kickett. The District Court was required to determine whether the magistrate made an error in granting leave to Starr to continue with her application to cancel the final VRO, and whether there were sufficient grounds for granting leave to proceed with the application. The court had to examine the statutory provisions under the Restraining Orders Act 1997 (WA) and consider the submissions made by both parties. The District Court found that the magistrate had indeed erred in granting leave to Starr, as the application was based on hardship, which is not a sufficient ground for such a decision according to the statutory provisions. The court concluded that the appeal must be allowed, and set aside the magistrate's decision, dismissing Starr's application to cancel the final VRO.
Orders
Orders of the court
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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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