The County Court held that it has jurisdiction under s91 of the Personal Safety Intervention Orders Act 2010 to hear an appeal against a Magistrates' Court order dismissing an application for release from the Harman (implied) undertaking, even where the underlying PSIO application had been resolved by undertakings and marked 'withdrawn'. The Court found that the proceeding remained extant notwithstanding the withdrawal notation, and that 'order of the court in the proceeding' in s91 encompasses any order made under the PSIO Act — not merely orders directly concerning the making or refusal of an intervention order — applying by analogy Richards J's broad interpretation of the identical provision in s114 of the Family Violence Protection Act 2008 in Carroll v Browne [2018] VSC 253.
The full text is available to signed-in members, including the 1 later case that cites this judgment.