On appeal by way of rehearing under s 18(1) of the Crimes (Appeal and Review) Act 2001 (NSW) from an APVO, the District Court must independently assess the evidence against the statutory preconditions in s 19(1) of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) and cannot merely confirm the Magistrate's orders by reference to the Magistrate's reasons. A Magistrate who relies on a party's in-court behaviour as evidence supporting an APVO must give the party notice and an opportunity to respond, failing which there is a denial of procedural fairness constituting jurisdictional error.
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