Lap v Hby & Anor

[2021] QCA 122

Queensland Court of Appeal

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Interrogate

Catchwords

1. Courts and judges
2. › Jurisdiction
3. › Appellate jurisdiction — finality clauses
1. Domestic and family violence
2. › Protection orders
3. › Appeals — finality of District Court decision
1. Statutes
2. › Interpretation
3. › Privative and finality clauses — s 169(2) Domestic and Family Violence Protection Act 2012 (Qld)
1. Practice and procedure
2. › Appeals
3. › Competency — no jurisdiction — struck out

Quick Take

The Court of Appeal confirmed, following its own prior decision in WBI v HBY [2020] QCA 24 and earlier authorities, that s 169(2) of the Domestic and Family Violence Protection Act 2012 (Qld) renders a District Court decision on appeal from a Magistrate's decision under that Act final and conclusive, precluding any further appeal to the Court of Appeal. The proceeding was struck out for want of jurisdiction. The Court acknowledged the appellant's submission that this construction denies a right of appeal even in cases of alleged egregious injustice or denial of procedural fairness, but held it was bound by the consistent line of authority and would in any event construe the provision the same way.