SZSPX v MIMAC

In the matter of *SZSPX v MIMAC*, heard before Judge Barnes, the dispute concerned an application for an apprehended violence order (AVO). The applicant, SZSPX, sought the AVO against the respondent, MIMAC, alleging a pattern of behaviour that caused SZSPX to fear for their safety. MIMAC opposed the application, disputing the characterisation of their conduct and the necessity of an AVO.

The central legal issue before the court was whether the conduct of MIMAC met the threshold for the making of an AVO under the relevant legislation. This required the court to assess whether there was a course of conduct by MIMAC that caused SZSPX to reasonably apprehend the occurrence of a further like event, and whether it was in the interests of justice to make the order. The court had to consider the evidence presented by both parties regarding the alleged incidents and the impact of that conduct on SZSPX.

Judge Barnes considered the evidence of the alleged incidents, including communications and interactions between the parties. The court applied the principles governing the making of AVOs, which require a demonstration of a pattern of behaviour that instils fear and a reasonable apprehension of future harm. The court weighed the credibility of the witnesses and the objective circumstances surrounding the alleged conduct. The court found that the evidence established a course of conduct that caused SZSPX to reasonably apprehend further like events and that it was in the interests of justice to make the order.

Accordingly, Judge Barnes made an apprehended violence order against MIMAC in favour of SZSPX.