TS v DT

The appeal concerned a Family Violence Order made against DT (the respondent) in favour of TS (the applicant). The applicant sought to appeal the primary judge's decision to dismiss her application for review of the Family Violence Order. The applicant alleged that the primary judge had failed to properly consider her personal circumstances and had improperly applied the *Browne v Dunn* principle, suggesting the primary judge had attempted to cover up alleged misconduct by the Magistrate who made the original order.

The central legal issues before the Full Court were whether the primary judge erred in finding that no miscarriage of justice had occurred, and whether the primary judge had improperly applied the *Browne v Dunn* principle. The applicant also sought to adduce further evidence on appeal, arguing that the failure to adduce this evidence at the original hearing was due to mistake or oversight, given she was a self-represented litigant at that time.

The Court found that the primary judge had not erred in their findings. The Court determined that the primary judge had adequately considered the applicant's personal circumstances and had not improperly applied the *Browne v Dunn* principle. Furthermore, the Court concluded that the applicant had not established a sufficient basis for admitting further evidence on appeal, as the failure to adduce it at the original hearing was not demonstrably due to mistake or oversight in a manner that would warrant appellate intervention.

The appeal was dismissed.