JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
TITLE OF COURT : THE COURT OF APPEAL (WA)
CITATION: KSJ -v- GJA [2021] WASCA 98
CORAM: MITCHELL JA
BEECH JA
VAUGHAN JA
HEARD: 20 MAY 2021
DELIVERED : 31 MAY 2021
FILE NO/S: CACV 125 of 2020
BETWEEN: KSJ
Appellant
AND
GJA
Respondent
ON APPEAL FROM:
Jurisdiction : DISTRICT COURT OF WESTERN AUSTRALIA
Coram: BIRMINGHAM DCJ
File Number : APP 36 of 2020
Catchwords:
Appeals - Appeal from decision made in proceedings under the Restraining Orders Act 1997 (WA) - Whether the District Court of Western Australia has jurisdiction pursuant to s 40 of the Magistrates Court (Civil Proceedings) Act2004 (WA) to hear an appeal from a decision of the Magistrates Court of Western Australia to cancel an interim family violence restraining order - Whether the District Court of Western Australia had jurisdiction under s 64 of the Restraining Orders Act1997 (WA) - Whether decision to cancel an interim family violence restraining order is a decision 'in relation to a final order' - Whether effect of the magistrate's decision to cancel the interim family violence restraining order was to dismiss the application for a final family violence restraining order
Legislation:
Magistrates Court (Civil Proceedings) Act 2004 (WA), s 40
Restraining Orders Act 1997 (WA), s 64
Result:
Appeal dismissed
Category: B
Representation:
Counsel:
| Appellant | : | In person |
| Respondent | : | No appearance |
Solicitors:
| Appellant | : | In person |
| Respondent | : | No appearance |
Case(s) referred to in decision(s):
Armstrong v Saxby [2016] WADC 87; (2016) 90 SR (WA) 1
CDW v LVE [2015] WASCA 247; (2015) 54 Fam LR 297
Jackson v Chrisp [2012] WASCA 158
Komorowski v Ong [2019] WASCA 201; [2020] ALMD 1039
Laurent v Fates [2015] WASCA 226
Lewis v Sergeant Riley [2017] NSWCA 272; (2017) 96 NSWLR 274
Lovelady v Griffiths [2018] WADC 180; (2018) 96 SR (WA) 108
Mohammadi v Bethune [2018] WASCA 98
O'Grady v The Northern Queensland Co Ltd [1990] HCA 16; (1990) 169 CLR 356
Owners of the Ship 'Shin Kobe Maru' v Empire Shipping Co Inc (1994) 181 CLR 404
Trajkoski v Director of Public Prosecutions (WA) [2010] WASCA 119; (2010) 41 WAR 105
JUDGMENT OF THE COURT:
Introduction
The appellant applied in the Magistrates Court of Western Australia for a family violence restraining order (FVRO) under pt 1B of the Restraining Orders Act 1997 (WA) against the respondent. The respondent is the partner of SH, who is the appellant's former partner. The appellant was granted, ex parte, an interim FVRO against the respondent. The application for an FVRO and the interim FVRO were to prevent contact between the respondent, on the one hand, and the appellant and her children, on the other hand.
The appellant's FVRO application was listed for final hearing but was adjourned several times, in part…
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