TG v CK

[2021] QDC 258

DISTRICT COURT OF QUEENSLAND

CITATION:

TG v CK & Anor [2021] QDC 258

PARTIES:

TG

(appellant)

v

CK

(first respondent)

and

THE COMMISSIONER OF POLICE

(second respondent)

FILE NO/S:

2 of 2021

DIVISION:

Appellate

PROCEEDING:

Appeal pursuant to section 164 of the Domestic and Family Violence Protection Act 2012

ORIGINATING COURT:

Magistrates Court of Queensland

DELIVERED ON:

20 October 2021

DELIVERED AT:

Gympie

HEARING DATE:

18 October 2021

JUDGE:

Judge Loury QC

ORDER:

1.   Set aside the decision of the learned Magistrate

2.   Remit the matter to the Magistrates Court to be heard by a different Magistrate

COUNSEL:

The appellant was unrepresented

The first respondent was unrepresented

J Paratz for the second respondent

SOLICITORS:

The appellant was unrepresented

The first respondent was unrepresented

Queensland Police Service Legal Unit for the second respondent

1. On 15 January 2021 a domestic violence order was made against the appellant by a learned Magistrate.  The matter had been listed for hearing in the Magistrates Court on the date the order was made.   The application was brought by the Queensland Police Service on behalf of the aggrieved.  

1. The appellant appeals against the making of the order.  He seeks an order that the matter be remitted for a rehearing before another Magistrate. 

1. The order made contained the following conditions:

1.          The respondent be of good behaviour towards the aggrieved and not commit domestic violence against the aggrieved;

2.          The respondent be of good behaviour towards the named persons [the husband and two children of the aggrieved] and must not commit associated domestic violence against the named persons and not expose the children to domestic violence;

3.          The respondent is prohibited from

(i)         entering or attempting to enter

(ii)       approaching to within 100 metres of

(iii)      the premises where the aggrieved and named associate live or work

4.          The respondent is prohibited from locating, attempting to locate or asking someone else to locate the aggrieved and named associate.

5.          The respondent is prohibited from contacting or attempting to contact or asking someone else other than a lawyer to contact the aggrieved and named associate and children.

Except when attending an agreed conference, counselling or mediation.

Except when having contact with a child or children as set out in writing between the parties or in compliance with an order of a court.

Except when using an approved Family Law messaging application.

6.          The respondent is prohibited from following or approaching to within 10 metres of the aggrieved and named associate when at any place.

Except when appearing personally before a Court or Tribunal.

Except when attending an agreed conference, counselling or mediation.

Except when having contact with a child or children as set out in writing between the parties or in compliance with an order of a court.

1. The order made was for two years.

1. The learned Magistrate also amended an order of the Federal Circuit Court dated 21 November 2018.  The amendments made (which appear in bold below) were to paragraph [24] and paragraph [22] (which followed on…