CAO v Hedges

[2013] QCA 1

Queensland Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › General matters
3. › Particular offences
4. › Offences against the person
5. › Breach of domestic violence order
6. › Whether subsequent revocation of order renders it void at time of earlier breach
7. › Domestic and Family Violence Protection Act 1989 (Qld), s 80(1)(b)
1. Criminal Law
2. › Domestic violence
3. › Ouster orders
4. › Validity of ouster order
5. › Whether terms of ouster order authorised by empowering legislation
6. › Whether non-compliance with subsidiary condition requirements invalidates ouster order
7. › Domestic and Family Violence Protection Act 1989 (Qld), ss 25, 25A
1. Evidence
2. › Admissibility
3. › Evidence tendered after hearing
4. › Whether affidavits and submissions filed after hearing should be admitted
5. › Whether issue raised for first time on appeal should be adjudicated on new evidence
1. Appeal
2. › Leave to appeal
3. › Criminal appeal from District Court
4. › Whether substantial grounds for leave
5. › District Court of Queensland Act 1967, s 118

Quick Take

Non-compliance with the requirements of s 25A(4)(b)(i) of the Domestic and Family Violence Protection Act 1989 (Qld) regarding the terms of a subsidiary condition allowing a respondent to return to collect property does not invalidate the ouster order itself, because s 25A(4) prescribes conditions for the subsidiary condition, not for the ouster order, and the court is only obliged to consider including such a subsidiary condition. A domestic violence order that is subsequently revoked remains valid and enforceable at the time of an earlier breach.