WWW v DET

The appellant, WWW, appealed a decision made by the Magistrates Court of Western Australia which imposed a restraining order on him under the Restraining Orders Act 1997. WWW contended that the magistrate had failed to provide procedural fairness in several ways. Firstly, WWW claimed that he was denied procedural fairness when the magistrate refused to exclude the respondent’s mother from the public gallery. Secondly, WWW argued that the manner in which his cross-examination was controlled and limited by the magistrate was unfair. Thirdly, WWW submitted that the magistrate’s control and limitation of his evidence-in-chief also denied him procedural fairness. Fourthly, WWW maintained that his status as a litigant in person meant that he was denied procedural fairness. Finally, WWW argued that the magistrate’s alteration of the case he had to meet was unfair.

The court considered whether the magistrate’s refusal to exclude the respondent’s mother from the public gallery denied WWW procedural fairness. The court held that the magistrate did not err in declining to exclude the respondent’s mother from the public gallery. The court found that there was no evidence to suggest that the respondent’s mother was influencing or intimidating WWW. The court also examined whether the magistrate’s control of WWW’s cross-examination and evidence-in-chief was fair. The court found that the magistrate’s control was reasonable and did not deny WWW procedural fairness. The court further considered whether WWW’s status as a litigant in person meant that he was denied procedural fairness. The court held that WWW’s status as a litigant in person did not entitle him to special treatment. Finally, the court examined whether the magistrate’s alteration of the case he had to meet was unfair. The court held that the magistrate’s alteration was not unfair as it was within the magistrate’s discretion.

The court concluded that the magistrate did not deny WWW procedural fairness. The court dismissed the appeal and affirmed the decision of the Magistrates Court.