The default two-year duration of a final FVO under s 35 of the Family Violence Act 2016 (ACT) runs from the date the final order is made, not from the date of the interim order, and the duration of a prior interim FVO is not deducted from the final FVO period. Where a court erroneously admits evidence of convictions subject to a pending appeal, no miscarriage of justice results if the convictions were used only as confirmatory support for findings independently supported by other evidence. The rule in Browne v Dunn does not apply where the witness is on notice from the other party's evidence that their version is in contest. Elkaim J suggested that second appeals in family violence matters should require leave.
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