TS v DT

In the case of TS v DT, the appellant, TS, sought to appeal against the decision of a Chief Magistrate to make a final Family Violence Order (FVO) under s 34 of the Family Violence Act 2016 (ACT). The appellant contested the validity of the order on several grounds, including whether the Magistrate had failed to consider interim orders, the appellant's living arrangements, and whether there was sufficient evidence of family violence. Additionally, the appellant argued that the Magistrate had improperly taken into account his prior convictions, which should not have been admitted under s 91 of the Evidence Act 2011 (ACT).

The court had to determine whether the Magistrate's failure to consider the aforementioned factors amounted to a miscarriage of justice. The appellant argued that the Magistrate had not given sufficient weight to his living arrangements and had improperly relied on his previous convictions, which were not admissible under the Evidence Act. The respondent contended that the evidence provided was sufficient to justify the issuance of the final FVO. The court found that while the Magistrate had erred by considering the appellant's previous convictions, this error did not lead to a miscarriage of justice, as the evidence of family violence was otherwise strong.

Ultimately, the court dismissed the appeal, finding that the evidence presented by the respondent sufficiently established the grounds for the final FVO. The court determined that the Magistrate had not erred in a manner that would require the order to be quashed. The court also noted that the appellant had a potential right of appeal against his convictions, which was pending at the time of the hearing. The final order was to remit the charges back to the Magistrates Court for further hearing and determination.