Si bhnf Cc v Ks bhnf Is

[2005] ACTSC 125

Supreme Court of the ACT

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Interrogate

Catchwords

1. Domestic Violence and Protection Orders
2. › Personal protection orders
3. › Procedure for obtaining final order
4. › Interim order becoming final order
5. › Whether s 51A authorises automatic conversion without judicial scrutiny
6. › Whether order made by registrar valid
7. › Domestic Violence and Protection Orders Act 2001 (ACT), ss 49, 51A
1. Human Rights
2. › Right to fair hearing
3. › Protection orders made ex parte
4. › Whether statutory provision displacing right to be heard consistent with human rights
5. › Whether respondent entitled to judicial review of ex parte order
6. › Human Rights Act 2004 (ACT), s 21(1)
7. › International Covenant on Civil and Political Rights, Art 14
1. Human Rights
2. › Freedom of movement
3. › Restriction by protection order
4. › Proportionality of restriction
5. › Balancing rights of applicant and respondent
6. › Human Rights Act 2004 (ACT), ss 13, 28
7. › International Covenant on Civil and Political Rights, Art 12(3)
1. Human Rights
2. › Rights of children
3. › Minor as respondent to protection order
4. › Whether final order may be made against minor without litigation guardian
5. › Human Rights Act 2004 (ACT), ss 11, 21(1)

Quick Take

Section 51A of the Domestic Violence and Protection Orders Act 2001 (ACT) does not authorise the automatic conversion of an interim protection order into a final order without judicial scrutiny by a magistrate. A final order can only be made by a magistrate, not a registrar. A respondent to an ex parte protection order retains the right to apply to set it aside. The 'return date' includes the time specified in the notice of proceedings, not merely the calendar date. A final order should not be made against a minor respondent who has no litigation guardian.