The Supreme Court held that a police protection notice issued under s 101 of the Domestic and Family Violence Protection Act 2012 (Qld), when filed in the Magistrates Court under s 111, constitutes a valid originating application for a protection order by operation of s 112(1), and no separate application under s 32 in the approved form is required to invoke the Magistrates Court's jurisdiction. The Court also confirmed that where police withdraw a domestic violence application before it is heard, the discretion to award costs under s 157(2) does not arise, and the default rule that each party bears their own costs applies. The dual function of a police protection notice — as both an immediate protective measure and as an application commencing court proceedings — means that the expiry of the notice's protective effect under s 113(3) does not terminate the court proceeding it commenced.
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