William Arthur Walsh v Alison Faye Baron

[2014] HCASL 249

WILLIAM ARTHUR WALSH

v

ALISON FAYE BARON

[2014] HCASL 249
P26/2014

1. On 21 May 2012, the Magistrates Court of Western Australia (Magistrate Jones) made a violence restraining order ("the VRO") pursuant to s 11A of the Restraining Orders Act 1997 (WA) ("the Act"), restraining the applicant from communicating with or approaching the respondent for a period of five years. The VRO was made on the basis that the applicant had committed, and was likely again to commit, acts of abuse against the respondent.

2. On 23 November 2012, the District Court of Western Australia (Staude DCJ) allowed the applicant's appeal and set aside the VRO. Staude DCJ held that the applicant's behaviour was not intimidating and did not constitute ongoing acts of abuse for the purposes of the Act.

3. On 18 June 2014, the Court of Appeal of the Supreme Court of Western Australia allowed the respondent's appeal from the decision of the District Court and restored the VRO.  McLure P (with whom Mazza JA and Chaney J agreed) held, inter alia, that Staude DCJ had erred in the evaluative assessment as to what constituted an act of abuse.

4. The applicant now seeks special leave to appeal to this Court.  The applicant does not identify sufficient reasons to doubt the conclusions reached by the Court of Appeal regarding the applicant's behaviour or the use made by the Court below of certain affidavit material.  The duration of the VRO imposed by the Court of Appeal was open to it in the exercise of its discretion.  The application does not raise any question of principle sufficient to warrant a grant of special leave, nor are the interests of the proper administration of justice engaged.  Special leave is refused.

5. Pursuant to r 41.11.1 we direct the Registrar to draw up, sign and seal an order dismissing the application with costs.

S.M. Kiefel
11 December 2014 P.A. Keane