› Whether there is any evidence of the facts and whether a particular inference can be drawn from the facts are questions of law
Domestic and Family Violence Act 2007 (nt)
› Appeal
› Whether there was a proper evidential basis for the Local Court to conclude there were reasonable grounds for the protected person to fear commission of domestic violence
› No evidence protected person was harassed by the appellant engaging in regular and unwanted contact
› Local Court findings were unreasonable, irrational and arbitrary
› Appeal allowed
› Domestic violence order set aside
Appeal
› Whether there was a proper evidential basis for Local Court to conclude there were reasonable grounds for protected person to fear commission of domestic violence arising out of the possession of sexually explicit images
› Local Court finding that there was a reasonable fear of intimidation as a result of appellant’s possession of sexual explicit images unreasonable and irrational
› Appeal allowed
Domestic and Family Violence Act 2007 (nt)
› Whether Local Court order is ultra vires as the Local Court substituted a completely different order to the section 41 police domestic violence order
› Variation of order
› not an appropriate vehicle to consider the issue
› Unnecessary to decide
Case Details
Citation[2019] NTSC 13
CourtNTSC
JurisdictionNorthern Territory
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