The County Court held that a magistrate made no legal, factual or discretionary error in granting a final FVIO where the self-represented respondent declined cross-examination of the affected family member, the magistrate properly applied the rule in Browne v Dunn, and the evidence supported findings of family violence and likelihood of continuation. The Court confirmed that an acting sergeant holds the rank of sergeant for the purposes of issuing a family violence safety notice under s 26 of the Family Violence Protection Act 2008, and that an affected family member may be substituted as applicant when Victoria Police withdraws from an FVIO application, following NBT v Magistrates' Court of Victoria [2023] VSC 461. The Court also addressed the test for adducing further evidence on a broad rehearing appeal, treating it as exceptional and refusing most of the appellant's proposed further evidence where no explanation was given for its absence at first instance.
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