A protected person who wishes to challenge an ancillary property recovery order made under s 37 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) has no right of appeal to the District Court under either s 84 of that Act or s 70 of the Local Court Act 2007 (NSW); the appropriate remedy is judicial review in the Supreme Court's supervisory jurisdiction. Section 37 requires only that the defendant has left personal property at premises occupied by the protected person; there is no requirement that the property was left as a result of a domestic violence incident or that it be needed for the defendant's day to day living or work.
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