Rahman v Rahman

[2024] NSWCA 198

NSW Court of Appeal

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Interrogate

Catchwords

1. Administrative Law
2. › Judicial review
3. › Jurisdictional error
4. › District Court
5. › Whether denial of natural justice amounting to jurisdictional error
6. › Whether acceptance of telephone evidence constituted procedural unfairness
7. › District Court Act 1973 (NSW), s 176
1. Administrative Law
2. › Judicial review
3. › Jurisdictional error
4. › Jurisdictional fact
5. › Whether change in circumstances is a jurisdictional fact for extension of apprehended violence order
6. › Crimes (Domestic and Personal Violence) Act 2007 (NSW), s 73
1. Administrative Law
2. › Judicial review
3. › Adequacy of reasons
4. › Ex tempore reasons
5. › Whether inadequate reasons constitute jurisdictional error
1. Criminal Law
2. › Apprehended violence orders
3. › Extension of final order
4. › Power to extend
5. › Whether court must be satisfied of change in circumstances before extending order
6. › Crimes (Domestic and Personal Violence) Act 2007 (NSW), ss 16, 73

Quick Take

A change in circumstances is not a jurisdictional prerequisite for the exercise of the power to extend an ADVO under s 73 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW); s 73(3) merely permits a court to decline to hear an application where there has been no change, but does not preclude the hearing of such an application.