MMM v FFF

[2025] QMC 88

MAGISTRATES COURTS OF QUEENSLAND

CITATION:

MMM v FFF & Anor [2025] QMC 88

MMM

(Aggrieved)

v FFF

(Respondent) And

Commissioner of Police

(Applicant)

MAG-00112424/23(7)

Magistrates Courts

Domestic Violence – Authorisation to Publish Information

28 February 2025 Brisbane

21 February 2025

Judge JM Brassington, Chief Magistrate

Application is Refused

Domestic and Family Violence Protection Act 2012 – Section 159(2)(a)

Mr Nicholson i/b Commissioner of Police, for Applicant Mr Gnech of Gnech and Associates, for Aggrieved

PARTIES:

FILENO/S:

DIVISION:

PROCEEDING:

DELIVEREDON:

DELIVEREDAT:

HEARINGDATES:

MAGISTRATE:

ORDER:

CATCHWORDS:

COUNSEL:

SOLICITORS:

INTRODUCTION

1. MMM is the husband of FFF. They have children. MMM and FFF separated in 2023 and are yet to divorce. FFF was, and is, a police officer.

1. On the June 2023 MMM filed an application for a protection order in the Magistrates Court. The respondent was FFF. MMM’s application was a cross-application because FFF had already made an application for a protection order in the same Magistrates Court against MMM on 23 June 2023.

1. Temporary protection orders were made in both the applications and both applications were listed for hearing. The usual hearing directions were made to facilitate the hearing of the applications. These hearing directions included directions for filing evidence by affidavit.

1. The protection order applications never proceeded to hearing. While affidavits were filed both applications were withdrawn on 6 November 2023. Both MMM and FFF entered, and filed, undertakings to be of good behaviour to the other in their respective applications.

1. On 24 January 2025 the Commissioner of Police applied to the Court to obtain copies of the documents filed in MMM’s application and for authority to publish information with respect to the domestic violence proceeding.¹ The Commissioner appears not to have been originally aware that FFF had applied for a protection order. However in the amended application made on 21 February 2025 similar orders were sought with respect to the application made by FFF.

1. An application to this Court is necessary because of the provisions of ss. 159 and 160 of the Domestic and Family Violence Protection Act 2012 (“the DFV Act”). Section 159 provides for restriction of publication of information related to domestic violence proceedings, including protection order applications:

(1)A person must not publish—

(a)information given in evidence in a proceeding under this Act in a court; or

(b)         information that identifies, or is likely to lead to the identification of, a person as—

(i)a party to a proceeding under this Act; or

(ii)a witness in a proceeding under this Act (other than a police officer);

or

(iii)a child concerned in a proceeding under this Act.

Maximum penalty—

(a)  for an individual—100 penalty units or 2 years imprisonment; or

(b)  for a corporation—1000 penalty units.

(2)However, subsection (1) does not apply—

(a)if the court expressly authorises the information to be published; or

(b)        if each person to whom the information relates consents to the information being published; or

(c)to the display of a notice in the premises of a court; or

(d)         to the publication…